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THE 



COLONIAL RECORDS 



OF 



NORTH CAROLINA 



PUBLISHED UNDER "mE SUPERVISION OF THE TRUS- 
TEES OF THE PUBLIC LlUlttMJIES, BY ORDER 
OF THE GENERAL ASSEMBLY 



COLLECTED AND EDITED 

BT 

WILLIAM L. SAUNDERS 

8p:cretary of state 



VOL 11-1713 TO I72S 



RALEIGH 
P. M. HALE, PRINTER TO THE STATE 

1886 




Copyright, 1686, by Willia4i\.. Saunders, SecreUry of State, 
for the benefit of the State of North Carolina. 



I'KESdES OF E. M. UZZELL, 
KALEIOB, V. C. 



PREFATORY NOTES TO SECOND VOLUME. 



The second volume begins with the year 1713 and clases with the end 
of the Proprietary Government in 1728. 

But is 1728 the true date? The facts seem to be that on or about the 
11th July, 1728, the Crown concluded n^otiations with the Proprietors 
by an agreement for the surrender of their charters ; that the colonists 
were notified thereof on or before the 12th Decern l)er, 1728; that from 
and after that date official papers from the colony were sent, not to the 
Proprietors as hitherto had been the custom, but to the representatives 
of the Crown ; that the Proprietors thought their authority was at an 
end; that the Judge of the Court of Admiralty, the Secretary, the 
Council and the Governor of the Province, also, thought the transfer had 
actually taken place ; that upon further reflection an act of Parliament 
was considered by the Crown authorities necessary to the l^al surrender 
of the government ; that the Lords Proprietors expressed great surprise 
thereat and asked that the surrender be accepted at once, or that they be 
restored to their rights under the charters ; that some time before the 1st 
June, 1729, an act of Parliament was passed "establishing an agreement 
with seven of the I^ords Proprietors for the surrender of their title," Ac; 
that in pursuance of this act a further formal deed of surrender was made 
by the aforesaid seven Proprietors to the Crown on the 25th July, 1729 ; 
that the first Royal Governor did not enter upon the discharge of his 
duties until February, 1 731 ; that in the interim Governor Everard and 
the other appointees of the Proprietors continued in office; that the Leg- 
islature met and passed laws, using the customary enacting clause, and 
that it was not until after the arrival of the Roval Governor that there 
was any requirement that statutes should run in the name of the Gov- 
ernor, Council and AHseml)ly instead of the Palatine and Proprietors. 



IV PREFATORY NOTES. 



Upon this statement of facts it is submitted that the government of 
the Lords Proprietors cjinie to an end practiaUly in Nortli Carolina in 
1728, and not in 1729, as is commonly stated. 



In 1712, Colonel Barnwell having been rendered unfit for furthef 
service by his wounds, returned to South Carolina, and Colonel James 
Moore with a second force of Indians came to the help of the colonists in 
North Carolina. On the 26th March, 1713, Colonel Moore captured the 
Indian fort on Contentnea creek and thereby virtually ended the war with 
the Tuscaroras. A treaty was made in whicJi twenty of the ringleaders 
in the massacre of 1711 were agreed to-be surrendered to the colonists for 
punishment, and King Tom Blunt, as he was called, was recognized 
as King of all the Tuscaix)ras who remained. The others are said 
to have gone to New York, where they became the sixth of the tribes 
called the "Six Nations." Blunt seems ever afterward to have been a 
faithful ally. But the Indian troubles did not end with the Tuscarora 
war, for as late as 1718 the colonists were still putting troops into the 
field to "catch or kill Enemy Indians." As might be expected, the cx)n- 
dition of the colony for several years was a deplorable one, the people 
being "exceeding poor and distressed " because of the war, whereby they 
were not only decreased greatly in numbers but suffered very much by 
destruction of cattle, houses and plantations. The war was a cruel one. 
Every Indian who was captured was either killed or made a slave. The 
right to make slaves of captive Indians seems not to have been ques- 
tioned, and the opportunity to exercise this right was the great induce- 
ment offered to the South Carolina Indians to come to North Carolina 
under Colonel Moore and fight against the Tuscaroras. In 1713 Colonel 
Pollock, then acting as Governor, bought from the Council eight Indian 
captives at £10 per head for shipment to the West Indies. 

War was then, as now, an expensive undertaking, and this war saddled 
upon the colony a debt that could be met only by the emission of paper 
obligations. The first was in 1712 for £4,(XX), and the next for £8,000. 
These were the first paper certificates of public indebtedness ever issued in 
North Carolina. Up to this time taxation had been levied only upon the 



QUALITY COMTROL MARK 



• ty^ ■ 



PREFATORY NOTES. 



• 

poll, but to meet the present emergency it was also levied upon real estate. 
In the course of a few years the colonists found it necessary to resort 
to still other issues of jwnper money. In 1714 £24,000 were issued for 
future needs and to redeem the currency already out. In 1717 the 
amount then out was supposed to be about £16,000. In 1722 £12,- 
000 were issued, that Xmng supposetl to be suflBcient to redeem the whole 
issue then out, less the defaced and lost bills. In the year 1729 also, bills 
of currency to the amount of £40,000 were issued, rated at 500 per cent, 
exchange, £10,000 to be applied to the redemption of former bills and 
the remaining £30,000 to be lent out at 6 per cent, interest on land 
security, the same to be paid in fifteen years in equal payments. The 
value of the bills being uncertain, the Assembly reserved to itself the 
right to declare at their first meeting aniy^ally at what exchange the bills 
should pass. 

In this great crisis in the affairs of the colony, brought about by the 
war, the I^ords Proprietors, instead of extending a helping hand to save 
their property from destruction by the Indians, were avaricious enough 
to demand their rents in silver, a requirement that the people of the col- 
ony in the best of times were unable to meet. Indeed, owing to the great 
scarcity of coin in the country, the colonists had years before been com- 
pelled to make the ordinary articles of traffic a legal tender at certain fixed 
rates established by law, and suits were brought for so many pounds of 
tobacco for example, instead of for so much money in pounds, shillings 
and pence. 



In 1713, the Proprietors having forbid further hostilities toward Gary 
and his adlKTcnts, and Governor Hyde having died, Golonel Pollock 
became Governor as President of the Gouncil, and peac^ and better order 
obtained in the government. Polloc;k admits in one of his letters that 
the Quakers, under his administration, were good citizens, a fact doubt- 
less due in great degree to the cessation of hostilities against them. 

In 1715, North Carolina had an opportunity to repay South Carolina in 
kind for her prompt and generous assistance after the massacre in 1711, for 
in 1715[the Yemassee Indians made war on the whites in South Carolina, 



VI PREFATORY NOTES. 



f 



f 

t 



and put the government there to great straits. North Carolina thereupon 
at once sent to South Carolina, under the (command of Colonel Maurice 
Moore, what forces she could. The aid thus extended was gratefully 
acknowledged by the South Carolina Assembly, who having invited 
Colonel Moore to the floor of the House, thanked him in person through 
their Speaker for the services he and his men had rendered. 

Bath was made a Port of Entry this year. Prior to this time the coast, 
it seems, was divided into two districts for the collection of customs, one 
being the District of Currituck and the other that of Roanoke. In the 
course of time the increase of population to the southw^ard and the de- 
crease in water at Currituck and Roanoke Inlets made other Ports of 
Entry necessary. 

In this year, also, was made ^^e first revisal of the acts of Assembly 
that has come down to us. This revisal left sixty-nine statutes in force, 
to-wit: "The six confirmed acts," as they were called, six other acts 
specially excepted from repeal, and fifty-seven other acts, then formally 
enacted, some new and some old. 

In 1716, Governor Eden and Governor Spotswood of Virginia seeing 
the difficulties in the way of determining the boundary line between the 
two colonies, agreed upon the compromise line which was finally run in 
1728, and is to-day the dividing line between the two States. 

In 1718, a change was made in the manner of selecting the members 
of the Council. Hitherto each I^ord Proprietor had appointed a deputy 
and these deputies composed the Council. From this time, however, the 
appointment of deputies ceased and the members of the Council were 
named as such by the joint action of the Proprietors. 



In 1719, South Carolina threw off the Proprietary Government and 
claimed and received the protection of the Crown. She was led to take 
this step not from any advanced views in regard to government, but 
because, in the straits to which she had been reduced by the Indian war, 
the Crown only was able to extend the help necessary to her existence. 
Appeal after appeal having been made to the confessedly helpless Lords 
Proprietors, and in vain, the colony sought and found refuge in the strong 
arms of the King. 



PREFATORY NOTES. 



This action of South Carolina arouaeri great indignation in the bosoms 
of the Governor ami Council of North Caruliiiu, so tliey f^aid, and very 
natui-ally, as they were appointees of the Lords Proprietors, and iu 
conscience and truth men miglit well be excused for not being in hatrte 
to get under Royal rule. It is true too, doubtlesB, that the weaker the 
government was the better suited it was to the tastes of the people of 
North Carolina. It mattered not to them wiiether it waf ca]le<l Royal or 
Proprietary, for until they took the government into their own hands 
they knew it only by the burdens it imposed. Whatever protection they 
enjoyed came from themselves. 

About this time, or a little before, were sown the seeds of a dispute as 
to the boundary line between North and South Carolina, a dispntt; that 
did not end until 181.5, Its origin was sonictlitug after this wise: The 
Lords Proprietors deteruiiucd to erect a third govorument iu their prov- 
ince of Canilina with the Savaimali riv<'i' as )K>uudary t»etin«n it and 
South Carolina. The pitiiKwition to form a new goveruuicnt, with tlie 
Savannali river as the northern boundary (suWantially what the presttnt 
State of Georgia is) thi-eatened South Caniliuit with fatal contraction of 
territory. 

At first tiie northern part of the province was described us that por- 
tion of it lying " north and east of Cape Fear," and the K4iuthern jmrt as 
that j)art lying "sftuth and west of (.'ape Fear." As caily, however, as 
l(ilJ5, the ei)unty of C'raven was descrilx-fl as lying south and west of 
Cajx; Koumauia, Craven constituting the southern part, (Ilnrendon un- 
doubtedly belonging t<J the northern [Mirt c»f the province, and for yeui^s 
the Hantee river was re(x>gniKed as the re-.d iKiundary. The «umty of 
Clarendon liecuming very sum once more a wildenu-ss, uninhabited save 
by Indians and lieasts, the qui-stion of iMUindary was one of no practical 
im^Hirtauce. When, however, threatened with the Savannah river as her 
southern boundary, S«)uth Carolina very naturally be<'imie keenly alive 
to the ini])ortan(!C of her northern line, and snuglit at om* to fall liaek 
ni.rtliwanl from the linct.f Cuih' R-miuania iimi llic Smil<n river to what 
-hi' daimeil tn l)e the earlier line of Cape Fear »»•! the < "ape Fear river. 




I 



VIII 



PREFATORY NOTES. 





Certainly with the Savannah river for one boundary and the Santee for 
the other, South Carolina would indee<l have l)een in a narrow strait, and 
it was natural for her to make a vigorous fight for a larger share of th(j 
province in which she and her northern sister had lived so long as tenants 
of the same owner. On the other hand, to have made Cape Fear river the 
boundary would have been equally hard on North Carolina. In point 
of fact it never was a boundary, and in this connection it must be borne 
in mind that while the Cape was known as Cape Fear from the Ix^in- 
ning, the river was first known as Charl(»s river, then as Clarendon river, 
after which it came to be willed the Cape Fear river. 

It was not until after the purchase of the province by the Crown that 
anything like the present line was indicated, and then it was done after 
cx)nsultation with the proposed Governors of the two colonies, and doubt- 
less as an equitable (x)nipromise l)etween the Santee and C?ape Fear lint^s. 

The change in tone of South Carolina toward Noith C-arolina after her 
transfer to the Crown, was very marked. When she too was a proprie- 
tary government she was kindly enough, but imme<liately she got under 
roval rule her airs of superiority t^enerallv were worth v of the Virmnia 
oflRc'ials in their most arrogant days. The South Carolina ag(»nts in Lon- 
don went so far, in 1720, as to ask that North Carolina l)e blotted out, 
one part to l)e given to Virgiin'a and the other to South Carolina, for the 
reason that it was the rweptacle for all the rogues on the main land in 
America. In 1722 thev were formallv instructed by their Lei^islature to 
urge that North Carolina be made a dependency upon South Carolina. 
See document.s of those dates. 

But there was some (»xcuse for South Carolina, renieml)ering t<» what 
straits she was about to be reduced by the formation of a third government 
by the Lords Proprietors. 



In 1722, Governor Eden died, leaving a reputation tarnished, as many 
think, by the not groundless suspicion of having Ix^en the protector and 
partner of pirates. The Secretary of the colony, Tobias Knight, who 
was also a meml)er of the Council, was formally accnse<l of being an 
associate in crime with the notorious pirate commonly known as "Teach, 




PREFATORY NOTES. ix 



the Pirate," or "Bluebeard." The Governor and Council quite as 
formally investigated the charges and gravely pronounced him entirely 
innocent. It was to this scandal tliat Colonel Moseley referred when he 
told Governor Eden he could find men to arrest him, but could find none 
to arrest pirates. 

In 1722, Beaufort was made a Port of Entry. 

In January, 1724, George Burrington was sworn in as Governor of 
the colony, and in July, 1725, was removed from office. The reasons for 
his removal are not given officially, but it was officially suggested by the 
Lower House of Assembly that it was because he M'as suspected of a 
design to transfer North Carolina to the Crown, as South Carolina had 
been transferred in 1719. His prompt re-appointment by the Crown 
after the purchase of the colony from the Lords Proj)rietors would seem 
to indicate that there might be some truth in the suggestion. But if a 
tithe of what was sworn to as to his violence, both in speech and action, 
be true, the wonder is that he got away from the colony alive, and not that 
a (jonspiracy was formed to kill him, as he alleged. 

Sir Richard Evcrard succeeded Burrington and continued to act as 
Governor until Burrington's swond appearance on the scene, when he 
came as a Roval Governor. He fullv sustained the character attributed 
to Burrington for bad language and violent, lawless action. This de(»la- 
ration may seem harsh, but it is submitted that the do(uiments printed in 
these volumes demand that it be made. It will be borne in mind, too, 
it is hopeil, that Eden, Burrington and Everard, and in fact the govern- 
ment offi(Mals gonorally were, then, not North Carolinians but needy ad-, 
venturers, who came over here to make their fortunes at the expense of 
the colony — a cormorant brocKl in that day, at least, not equalled in 
America. 



InurtKl to danger, and accustomed to meet it unaided, and seeing no 
strength in the government over them, save that which lay in their own 
strong arms and l)rave hei\rts, the people of North Carolina, as might 
have lM*en cxpc<*ted, felt but little res|K»ct for the I^ords Proprietors or 
their representatives. When the government was in aanjrd with the 



PREFATORY NOTES. 



people, it was well; when it was not, so much the worse for the govern- 
ment, for the people were stronger than the government. 

In 1675, when the colony was only twelve years old, the people turned 
out their Governor, Colonel Jenkins. How many Governors they turned 
out l:)efore that time we do not know. There were then not more than 
1,500 males, of all ages and colors, in the cx)lony. 

In 1676, the liords Proprietors detJareil that the North Carolinians did 
not understand their own interests, and would not regard the interests of 
the Proprietors. 

In 1677, 1678 and 1679, Miller and Eastchurch were turned out and 
tlie Culpeper Rebellion prevailed. 

In 1680, the Lords Proprietors reported to the Crown that since 1676 
there had been no lawful Government in North Carolina. 

The next unfortunate was Seth Sothel, or iSouthwell, whom, in 1689, 
the Assembly formally banished from the colony for one year, and from 
the government for all time. He was surprised, so the story goes, upon 
his own plantation and *^(^lap't into a Logg House'* and there kept pris- 
oner until " he renounced the Government and took and subs<Til)ed a 
strange oath." Now Sothel was not only a Governor, but a maker of 
Governoi's, for he was a Ijonl Proprietor, and as such a chartered abscj- 
lute master of the soil, if not of the people as well, of Carolina. But for 
all that, the North Carolinians would not have him^ and his brother Lords 
Proprietoi's would not attempt even to fonje him upon them unwillingly. 

In 1690, Governor Nicholson reported that the North Carolinians were 
a very mutinous people. 

In 1708, 1709, 1710 and 1711, Gh)ver and Hyde were turned out, and 
the Cary Relx^llion, so-called, prevailc<l, until suppressed by a military 
force from Virginia. 

In 1710, Governor Spotswood, of V^irginia, said the Governor of North 
Carolina was on so precarious a footing, and his authority so little, that 
he was fon*ed to submit to others. 

In 1711, he said the North Carolim'ans were so used to turning out their 
Governoi-s that they thought they had a right to do so. 



PREFATORY NOTES. xi 



In 1712, Governor Pollock, of North Carolina, said the people were 
still stubborn and disobedient, and that pardon and amnesty had not pro- 
duced the desired effect. 

In 1715, the North Carolina Assembly, under the lead of Moseley, 

*^ Resolved, That the impressing of the inhabitants, or their property, 
under pretence of its being for the public service, without authority from 
the Assembly, was unwarrantable, a great infringement of the liberty of 
the subject, and very much weakened the government by causing many 
to leave it." 

This was the defiance flung by the people, through their Assembly, pub- 
licly, formally and officially, into tlie teeth of Governor Eden and his 
Council. Nor were the colonists any more complaisant to Burrington and 
Everard than they had been to Eden and Hvde. North Carolina was 
never a bed of roses for Colonial Governors. After ten years' personal 
knowledge of the people. Governor Burrington wrote officially to the 
Board of Trade, saying : 

"The Inhabitants of North Carolina are not Industrious but subtle 
and crafty to admiration, allways behaved insolently to their Governours, 
some they have Imprisoned, drove others out of the Country, at othoc 
time6 sett up two or three supported by Men under Arms All the Gov- 
ernours that were ever in this Province lived in fear of the People (except 
myself) and Dreaded their Assemblys 

" The People are neither to be cajoled or outwitted, whenever a Gov- 
ernour attempts to effect any thing by these means he will loose his Labour 
and show his Ignorance * * * They insist that no Publick money 
can or ought to be paid but by a claim given to and allowed by the House 
of Burgesses." 

In a word, as Urmstone, the Missionary, said, the people respected no 
authority that did not emanate from themselves, and a Lord Proprietor, 
even if there in person, was "no more regarded than a ballad-singer." 



From the documents printed thus far it will be seen that for many 
years the colony was of very slow gro\vth, and that the reasons therefor 
were. 



XII PREFATORY NOTES. 



1. Neghjct of the Lords Propri^ors, who devoted themselves to build- 
ing up the colony at Ashley river and left the one at Albemarle severely 
alone, to be cared for as best it might. From the very outset Ashley 
river was their objec^tive point, and to its settlement they bent all their 
energies, as is evident from their instructions to Yeamans when sent to 
Clarendon. 

2. Want of Ports for Heaixy Shipping, — Without ports there were 
of coui'se neither towns nor commerce save the coast trade, Avhich was 
easily monopolized by the enterprising traders of the older colonies in 
New England that had been settled long enough to accumulate capital. 
But it wjis not upon the commerce of the colony only that the want ^f 
ports acted injuriously. For the want of suitable ports negro slaves were 
not imported directly into North Carolina, and the planters there were 
forced to buy from Virginia and South Carolina. The slaves so bought, 
as experience proved, were both high in price and poor in quality, and in 
this very important particular North Carolina was at great disadvantage, 
compared with Virginia and South Carolina. 

3. Want of Mills, — This was a serious drawback, as it compelled the 
use of New England flour although wheat grew in Albemarle in great 
abundance and made the trade with New England very profitable to the 
New Englandors. The stxircity of mills and the inconveniencre arising 
therefrom are apparent from the existence of a statute passed as late as 
1715 making mill-sites public pyoperty as it were, upon which any man 
who would, might put up a grist mill, whether water mill or windmill, 
if the owner failed to do so. No man in Albemarle might keep a mill- 
site unused. More suggestive reason than this, why, with all their abun- 
dance of Indian corn and English wheat, the people of the Albemarle 
depended upon the New England skippers for flour and meal, even 
though, as was complained, some of the flour was no better than ballast, 
could scarcely be devised. Wheat and corn of home production were 
indeed in the greatest profusion, but meal and flour of home production 
for want of mills were both scarce in quantity and ^oor in quality. 
And hence, doubtless, the origin of the homely phrase descriptive of the 
diet of the country, "hog and hominy," hominy in that day not being 



k 



PREFATORY NOTES. xiii 



made in mills but in mortars, and hoji^s being abundant sl^ a consequence 
of abundant corn and inadequate transportation. According to DeGraf- 
fenried, in 1710, "there was in the whole province only one wretched 
water mill." The wealthiest people used hand mills and the poorer 
people pounded their grain in mortars made of oak. 

4. Persident Hostility of the Oromn^ iis Agents ami the British Merchauis 
to Proprietary Governments, — North Carolina was not, like Virginia, 
a Royal Province, but private property that the British Crown had 
heedlessly parted with and was constantly seeking to regain posses- 
sion of by purchase, quo warranto^ or otherwise. The proceeding would 
doubtless have been a summary one had it not been that some of the 
Proprietors were peers of the realm whose rights could not be trampled 
upon with impunity. This hostility is apparent at a glance, upon inspec- 
tion of the records, chronologically arranged. Step by step the Crown 
proceeded, but always in the same direction. In spite of the charters, it 
was required that the Governors of Carolina should receive Royal appro- 
bation before installation, and that they should give bond and security 
for the discharge of navigation and trade laws ; Attorney-Generals for 
the colony were appointed by the Crown; Admiralty Courts were also 
created by the (irown to override the local courts; the Crown also 
assumed the right to rej)eal colonial laws. In a word, one encroachment 
after another was made upon the rights of the Proprietors until they 
gave up the contest and surrendered their charters. 

Ijooking to *his end, too, there was a stream of misrepresentation, slan- 
der and abuse of the Proprietors const<*mtly flowing from the representa- 
lives and agents of the (.'rown. 

5. Enemy Indicuis. — One would think from our historians that the 
Red men in Albemarle were the gentlest, if not the loveliest of their 
sex, and that they lived in the utmost peace and harmony with the pale 
fac»es prior to tlie great massacre of 1711. Yet the records show, as we 
have seen, that as early as September, 1666, there was an Indian "inva- 
sion,'' so callcnl, in North Carolina, of such magnitude as to prevent a 
messenger from leaving the colony, and from the C4)mmon use of the 




XIV PREFATORY NOTES. 



term "enemy Indians" it would seem that hostilities with the Indians 
were not un frequent. 

The effect of all this in retarding the growth of the country was very 
great, both in driving old settlers away and in preventing new ones from 
coming in ; so much so that for years afler the massacre there was scarcely 
any perceptible increase in the population. A settlement in which the 
government was impotent and the Indians hostile, cruel and barbarous, 
was not an inviting place to stay in or to move to. But for the timely 
aid the people received from South Carolina the settlement on the Albe- 
marle might have been blotted out as effectually as that at Roanoke, one 
hundred and twenty-five years before. Certainly for yeai*s, even with 
help from abi'oad, the colony withered and shrunk under the blighting 
influence of that horrible massacre and the war that followed. 

6. Conduct of Virginia. — The prolonged controversy between Vir- 
ginia and North Carolina about their boundary line doubtless did much 
to retard settlement in the disputed territory, but the Virginia Acts of 
Assembly, beginning in 1679 and continuing until after 1729, forbid- 
ding North Carolina tobacco to be carried into Virginia, did a great deal 
more to retard the growth of the Albemarle settlement. North Carolina 
having no port of her own and tobacco being her money crop, the Virginia 
embargo virtually excluded her from the markets of the world. 

The productions of the country would seem, indeed, both in quantity 
and quality, to justify, in gifat degree, the extravagant praises heaped 
upon it by the earlier writers, and under different circumstances, doubtless 
would have made it prosjwroas. In 1707, Robt. Holden, who had been 
Collector of Customs in All^emarle as far back as 1679, writing to the 
Lonls Proprietors about North Carolina, says : '' It has barred Inlets into 
It; which spoyles the trade of it and none but small vessels from New 
England and Bermudas trades there. The soyle is more lusty than South 
Carolina. It produc«th Toba(x?o; Indian Corne; English Wheat in 
abundance. Beef, Porke, hides, Tarr and so consequently pitch, and 
Furs as Beaver: Otter: Fox and Wild Cat skins, deare skins; Tanned 
Ijether, Tallow," &c. 



PREFATORY NOTES. xv 



With corn and wheat and beef-cattle and liours and poultry and game 
and fish and fruits in ahundanw, the I'olonists (»ught Ui hav(» had the lK\^t 
of vTiyoil liviny:. That AllH^niarle was a granarv of Virjjinia and her 
butcher-pen we know. But what availeil it if the Xorth Carolina soil 
was more lustv than, that of South Carolina? What availe<l it if the 
North Carolina tobae<^o was l)etter than that of Virginia, as Governor 
Evcrard declared it to be? and what availed it if North Carolina *Miog 
and hominy" were abundant to excess? North Carolina ha<l no port and 
Virginia embargoed her tobaet»o, her great money crop. 

In 1728, Governor Everard rei)orte<l to the I^ords Proprietors that two 
great wiuses destructive of the trade of North Carolina were the Virginia 
eml>argo and the lack of a free port on th(» Nans<unond River. In the 
same year, too, the North ('arolina Commissioners that nin the line 
betwe(»n North Carolina and V^irginia, expressed in their journal their 
r^ret that the line had not run a few miles more northerly and the con- 
.se<{uent "loss of Nansemond River, as it would hav(? giveu a i)ort lor 
shipping tobacco, which the Virginians, by their hard tobacco act, have 
restniineil, that would leave Xorth Carolina a large aud more flourishing 
country." There was theu no Federal Constitution to prevent eml)argo(»> 
and other like unneighborly acts. Then' wt'iv then no railroads to give 
one rolony ac(H*ss to the ports of another. 

Mr. Fitzwilliaui, the Surveyor (nmenil of the Customs iu the Southern 
Provinces in America, who was also a member of the Virginia Couucil, 
protected against the passage of the Virginia Act of 172<), among other 
reasons, " bei^use the nistraining the i>eopleof North Carolina from selling 
or shi[>ping off their tobacco to Virgiuia, when they have neith(T ship- 
ping of their own, nor ports to receive them, must of conse<]U(4i(v for<*e 
them upon manufactures of clothing for themselves, since they are thus 
prevented of all supplies by the produtr of their labor, and thus by a 
partial restraint of trade from one part of his Majesty's dominious to 
another his Majesty's customs are lesseueil, the consmnption of Hritish 
manufactures <liminishe<l, and instead thereof a coimtiv which In^gins to 
grow numerous laid under the necessity of falling iuto manuiactun^ of 
their own, for it is impossible to imagine that a numljer of people should 



XVI PREFATORY NOTES. 



ooutiiiue long under the want of necessary eloathing without exerting their 
industry, especially when the country they inhahite is capable of furnish- 
ing them with materials/^ 

These were the caases, and enough they assuredly were, that discouraged 
adventurers from settling there. North Carolina could reach the world 
only through hostile channels that gave an unfriendly coloring to every- 
thing connected with the Colony. The result was that adventurers went 
elsewhere. The policy of making the place odious was rigorously enforced, 
and the days of rose-colored immigration cinnilars were at an end. 



It must not l)e too readily assumed that the evil davs ended with the 
Proprietary period, and that peace, plenty and prosperity began with 
Royal rule. As a matter of fact, the colony l)egan its transition t<:)ward a 
better material cn^ndition during or perhaps even l)efore the time Burring- 
ton was first Governor and before the Proprietors surrendered their char- 
ters. His administration as Proprietary Governor was a brief one, being 
only alx)ut a year and a half in duration, yet he says that in that time not 
less than a thousand families came into the colony and that a far greater 
numl)er would have come had they not heard of the great Si^^rcity of pro- 
visions brought about by a great mortality that prevailed among the stock 
and a mighty storm that destroyed the corn in the preceding autumn ; that 
great improvements were made in husbandry; that he was just about to 
inaugurate measures to establish a direct trade with Jamaica to supply 
the colony with rum, molasses, salt, &c.; that the Cape Fear settlement was 
in great measure, if not entirely, due to his wise foresight and fostering 
care; that the militia which, on his arrival, was in strange disorder, was 
regulateil to the satisfaction of all people, and that justice was so duly 
administered that no complaint was made to him or to the Council and 
no suit brought against officer, civil or military. How much truth there 
is in tliis statement it may not now be possible to determine, though there 
is doubtless enough to show that the colony had before this time l)egun to 
rally from its long yeai-s of prostration and was entering uj>on a career 
of prosperity and development. Certainly the demand for land was so 
great that in April, 1724, the Governor and Council upon petition of the 



PREFATORY NOTES. xvii 



Assembly^ re-opened the Land Offioe in violation of the instructions of 
the Lords Proprietors. Mr. Pltzwilliam, too, the Surveyor-General of 
the Customs, as we have seen, in his protest against the Virginia Tobacco 
Act of 1726, said the colony had already b^un to "grow numerous." 

The truth is, doubtless, that the colony having at last outgrown the 
obstacles to its progress could no longer be kept back. The growth 
of the population shows this. In 1717, Colonel Pollock estimated 
that there were 2,000 tithables in the colony from whom taxes could 
be collected, as a basis for a scheme for meeting the public indebted- 
ness. Two thousand tithables mean about 9,000 population, black and 
white. In 1735, the white population alone was, according to Henry 
McCuUoh, near 40,000; in 1732, according to Burrington, the whites 
were "full 30,000 and the negroes about 6,000." From the testi- 
mony of Pollock, Burrington and McCulIoh, therefore, it would seem 
that the estimate of population in North Carolina in 1729 usually 
accepted by historians is much too low. Counting both black and 
white, the population would seem to have been three times greater. 
According to the historians, the population was between 10,000 and 
12,000. According to cotemporary statements, it must have been nearer 
to 30,000 or 35,000. The variance is certainly very great, and the 
weight of authority seems to be against the historians. Beginning with 
such an underestimate it was, perhaps, only natural that the historians 
should continue in error as to the population until the taking of a census 
rendered error no longer possible. But however natural the error was, 
it might easily have been corrected at a much earlier day than 1790, for 
there were data of record, some here, and others in the Public Record 
Office in London, from which a reliable approximation, at least, might 
have been made as to the population. The figures will be given here- 
after. 

The happy time was long in coming. Indeed, it may well be doubted 
whether the history of any other American colony shows a struggle for 
existence as prolonged as that through which North Carolina passed in 
the days of her Proprietors, or as hard. But those days of adversity 
were not without their good results, constituting, as they doubtless di^ 



XVIII PREFATORY NOTES. 



the formative period in the charticter of the people. Shut in on every 
side and left to struggle with her enemies as best she might, unaided and 
alone she worked out her own salvation. Now she looks back to that 
period of her existence as men look back to the hunger and the thirst, the 
heat and the cold, the weary marches and countermarches, the hard-fought 
battles of campaigns in which they have borne their flag to honor and 
to victory. North Carolina can well afford, too, in this her day of great 
progress and development, to laugh at the ill temper and ill words of 
writers and neighbors in her early colonial days, for to-day, as a State, 
she stands the confessed peer of the proudest. 



The purpose of the Crown and of the British merchants to make the 
colonies mere "hewers of wood and drawers of water" for themselves 
was unmistakable. The colonies, indeed, were not well planted, even, 
before an irrepressible conflict began between them and the mother 
country and her merchants — irrepressible certainly in North Carolina. 

The British theory about colonie§ was that they were permitted for the 
benefit of the Crown and the mother country. The interests of the colo- 
nists in the premises seemed not to be a matter for consideration at all. 
To this end, all l^islation was shaped, that is to say, to increase the 
revenues of the King and to promote the business interests of England. 
To this end, particular agricultural products were encouraged, while 
others were not; to this end, certain manufactures in the colonies were dis- 
couraged; to this end, the trade of the colonies was by law controlled in 
the interest of England ; and to this end, in short, whenever a conflict 
occurred, the interest of the colony was to be subordinated to that of 
England. This policy was carried so far, that it was even sought by 
Royal proclamation to control the prices at which foreign coin should 
be rated for circulation in the colonies, lest the rates should be fixed to 
the detriment of the King and the merchants. 

Such a policy, diflBcult of execution anywhere, unless colonists were 
content to be " hewers of woo<l and drawers of water," merely, to the 
people "at home," was especially difficult of practical execution in the 
proprietary governments that existed under chartered rights from the 



PREFATORY NOTES. xix 



Crown, conferred by letters patent under the broad seal. Conflicts of 
interest were of course inevitable, and the local governments being in 
the hands of the representatives of the Ix)rds Proprietors, their interestH 
were naturally enough first cared for. It followed therefrom that the 
Proprietary governments, in their practical operations, found favor 
neither with the Crown nor the business men of (England, and the Pro- 
prietors being the weaker party in the struggle, it soon became a question 
of time only when a pretext would be found or invented for enforcing 
by the surrender of the charters that had been so improvidently granted, 
the restoration of the provinces to the Crown. Of course such a 
policy could last only so long as backed by superior force, and in its 
execution are to be found the seeds that fruited in the Ameri(5in Revo- 
lution of 1776. 



Memorandum. 

In printing these volumes "copy" has been strictly followed, the 
Editor not feeling authorized to take any liberties with the text, a fact 
that will account for many readings that would otherwise seem to be the 
result of careless proof-reading. For example, in the I-i^islative Jour- 
nals of 1725, John Baptism Cushe ap|)ears as the name of one of the 
legislators. The person intended was without doubt John Baptista Ashe, 
but fur the reason given above the name was printed as written. 




COLONIAL RECORDS. 



1713. 

[Council Journal.] 



The Hoii'^*- 



> Ewf L** Frd^ Dep^ 



North Carolina 

Att a Councill holden at y' house of y' Hon"' Tho' Pollock Esq' in 

Chowan on ftryday y* 9*** day of Jan'^ 1 7|^ 

Present the Hon"* Tho' Pollock, Escj' &c 

Tho' Boyd 
Nath Chevin 
W-Reed 
Christo Gale 
T. Knight J 

Whereas by an act of Assembly Instituted an act for defraying some 
part of y* pul)lick charge It is Enacted That an Exact list of the Claims 
due from y* publick within every respective precinct slio* be exactly 
drawn up by y* O^ of y* Assembly & examined & attested by the Sec^ 
and Speaker of y* house of Comons on or before y* 25*** day of Xber 
last and then forthw*** deliver to y* Treasurer of every respective precinct 
togetherw'*' a Due number of y* public bills in proportion to the Debts 
Due in y* said precinct as af"* which said Bills shall be paid on Demand 
to y* severall Claimers proportionable to their Claimes. 

And whereas it doth appeareto this Board that Rol)ert Hicks ye p'sent 
C^* of y* Ass"^ hath hitherto refuseil & neglected to draw up y* afore^ 
li.sts of Claimes, soe that it might be attested and delivered as af* to the 
great Detrim* of y* said Claimers as well as to y* great disincouragem* of 
men to serve y* Country for y* future and in contempt of y* af** act. 

It is therefore Ordered by this Board that y* said Robert Hicks make 
his person^ appearance before this Board at y* house of the Hon"* the 
Presid* on Saturday y* 11"* of this Instance Jan'^ to answare y* said com- 
p^* Upon examination a Senottoway Indyan taken by one of y* South 
Carolina Indyans in their march hither It dos ap|>oare y* y* s* Indyan 



COLONIAL RECORDS. 



was sent by y* Seneca's i>ersuant to an order from y* Goverm* of New 
Yorke to Caution y* Tuscaroras ag* going to warr w*** y* English liere for 
w*** reason it is thought fitt that y* said Indyan lx» purchased from ye 
8* Soutli Carolina Indyan by the publick and sent back to his owne na- 
tion and therefore it is ordered & agreed that y* Hon"* the Presid' doe 
purchase y* said Indyan on behalfe of y* publick and take care that he 
be sent as" afs* that in consideration of y* said Presid*" paying for y* said 
Indyan & for y* trouble he has had w*^ y* rest of y* Indyans he doe have 
and take to his own use three Tuscaroro men & one Mattetnimska now in 
his custody. 

It is Ordered by this Board that y* Comission' api>ointed to make out 
the publick Bills of Creditt doe forthw*** proportion out y* Said Bills ac- 
cording to y* Debts Due from y* publick in every p'cinct and deliver y* 
same to ye severall Treasurers in each precinct togetlier w**" y* Claimes of 
y* said precinct soe Soone as they are Examined and attested |)ersuant to 
y* act of Assbly in that behalfe made and that noe father delay be made 
in that Case as they will answer y* Contrary att their jierrills 

It appeareing to this Board that two Core Indyans taken and sent in 
hither from Verg* are Slaves belonging to one M' Drayton & one M' 
Wright Inhabitants of South Carolina 

It is ordered that y* Said Indyans be delivered to Co" James Moore 
for y* use and on behalfe of y* Owners afs* 

Upon Petition of John Browne on behalfe of himselfe and und' his 
comand in y* Garrison at Shackelfords plantation praying Liberty 

to plant Corne on y* said plantation 

Ordered that y* people in y* afs* Garrison have liberty to plant Tend 
& Grather Corn on y* Said plantation dureing the time they Keep Gar- 
rison there as afs** 

Then this Board Adjourned till Monday Morne next. 

Monday Morne Jan"^ 12*** this Board mett againe present 'id stipra 
ecept T Knight 

Whereas the Hon"* Rich* Sanderson Esq' Dep*y to y* Heyres of Seth 
Southell dec'd One of Lds prop*" of this province hath not for a Con- 
siderable tyme past given his attendance on y* Councill or Assembly 
nor given any reason why he dos not Come 

And Whereas y* present Emergencys of y* Governm* reijuire y* said 
Sanderson* attendance or some other in his stead 

It is therefore Ordered bv this Board that v* said Rich* Sanderson doe 
give his personall attendance at y* next Councill (having notice thereof) 



COLONIAL RECORDS. 



or that he be suspended in y* Said Deputacon and some other fitt person 
l)e appointed in his stead And that y* Sec^ doe take Care to send a Copy 
of this Order to him — 

Whereas Information has been made to this Board that Benjamin Tull 
under pretence of authority hath Impressed and Kiil'd severall Beefs of 
which he liath reudred noe account and hath in a Contemptable maner 
abuse<l y* precinct Court of Corratuck and divers other matter of the 
like nature 

Wliereuj>on it is Ordered by this Board that y* provost marsli" or his 
Deputy doe take y* said Benja Tull into his Custody untill he doe give 
good Security to appeare at y* next Councill to be holden at Cap* Jn* 
Hecklefields on y* third day of y* next Gen" Court and in the meanewhile 
to be of his good behaviour. 

Mad" Catha Hyde Came before this Board and was admited to prove 
upon oath y* Importation of Eight person into this Governm* (Viz*) 
Edw* Hyde Esq"^ M" Penelope Hyde W" Clayton Jn*' Lovick Mary 
Tudo James Gregory, Andrew Stephenson & her selfe 

Maj' Christo Gale was allowed to prove upon oath the Importation of 
of ffour rights for which he has not as yet taken up any Land (Viz*) 
himselfe twice his daughter Eliza and Author Harris and assigneil y* 
same over to Co" W" Reed 

Whereas Co" Edw* Moseley was Instructed by the Assbly of this prov- 
ince to send an adress from y* said Assembly to y* Gov' of Virg* which 
said adress has l)een either Carelesly lost or otherwise Imbezletl by y* said 
Moseley. 

Whereupon it is ordered by this Boai;d that y* Provost Marsh" or his 
Deputy doe take y* said Moseley into his Custody untill he shall give 
good Security to appeare before y* next Assbly to answer y* afs* N^leet 
and that in the mean while he of his good behaviour 

It is Onlered by this Board that y* Hon"' the presid* Doe give such 

Instruction as he shall think fitt to Maj' Gale who is hereby appointed 

to wait on y* Gov' of Virg* in order to Consert Such measures as may 

\ye thought proper in y* dis]K>sal of w* moneys or other things y* Gov- 

ernm* of Virg* has Contributed towards Carrying on y* Warr here ag*y* 

Indvan Enemy 

THO POLLOCK 

THO* BOYD 

C GALE W- REED 

T KNIGHT N CHEVIN 



COLONIAL RECORDS. 



[From Calendar op Virginia State Papers. Vol. 1. p. 161.] 



THO : POLLOCK TO GOV. SPOTSWOOD. 

Jan'y IS'*' 17||. 
Hon* S' 

Since mine by Charleton, I have rec** four of yrs: on by the Indians 
that came w*** Tom Bhmts brother, another by the Guard of the indian 
Priffoners — The 3* by Charleton, and the laft came w*** goods in the 
cannoe: one teusday the 13th instant. And concerning our not sending 
in to you the indians Coheree and Hancock, I believe it never entered 
into Governo' Hyds thoughts, nor mine, nor any of the Counsels that ye 
would have def ired it. And their crimes likewise being chiefly againil 
this Government wee did not imagine it could give any olfence to have 
them suffer here : And non here ever queftioned but if they had been 
brought in to you, you would have fent them in here to have Rec* their 
deferved punish"' — upon receat of y' honors' last letter, sent away a run- 
ner to Tome Blunt, to defire him to be in at M' Cottens on the 20*** 
inilant; And likewife have appointed the bearer Major Christopher 
Grale, our Agent, to concert what meaffures your honor thinks moft 
advantagious, for carrying on the war w*** what y* Affembly hath raifed 
for us. Coll : Moore would lykewife willingly have come in, but the 
deftructionc his indians make here of our Catle & Cornc is intollerable, 
having already eat up a great deall of the pome that was rayl'ed by the 
Affembly to maintain the ware, and alfo deftroyed all the Catle wherever 
they have come, so that fome of the people here have been feemingly 
more ready to ryfe \\\ye againil them, then march out againfl the enemy. 
So that he is forced to march out w*** them, intending, to depart from 
hence on feturday next, and to attach the Fort, he was at in coming in. 

I am doubtful! wee f hall be put to a ftrait for provif ione for the army ; 
all the publick corne that is left, I fear will fcarcely be sufficient for the 
Forces twoe months. And such a fcarcity in the Countrey that no more, 
I believe can be raifed, feverall people not being able to pay this last tax. 
So that I beleive ittwill be ncccffary, if you thinke to send y' forces 
si)eedily to our affistance, that provifions be purchased for them out of 
the 1000'*'. But if you doe not send them untill our Provif ione is cary* 
round, then wee shall be more capable to judge what we may want — As 
for the ISO*** to be laid out in duffels (For fear of the mifcariadge of the 



COLONIAL RECORDS. 5 



supply that is expected from S*** Carolina) I believe it may be convenient 
to reserve so much of it as may pnrohass throe or four bariels powder & 
Imll answera"* — If your honor thinke fitting to send out y* forces speedily, 
I leave it to your mature ctmf ideration, whether it may not l>e best, whill 
Coll° Moore is attacking the further forts, that your forces f hould march 
to Tome Blunts, and either Force him to joine his foremen w*** yours againf t 
the others or attack him as ane enemy. Butt if you thinke it more fitting 
when some Coll"* Moon^'s Indians (having got fome f laves by taking a fort, 
or fome other blow) have lefl him, then to fend out yr* Forces to joine 
him to proiTecute the warr w**" vigoure and reiluce them to a neceiTity of 
making Peace — For I am Really persuaded that untill the Tuscaroroes 
have had a fmart blow given them ther can \ye no Expet^atione of a fimie 
peace w*** them. All w*** I leave to y' honors more ferious conf ideratione, 
not doubting of y' utmoil indeavor for the gooil and Pea(« of this poore 
diflrelTed Country — I was much troubled to undcrfland that the AddrefT 
from our Aflembly was not caryed in and delivered to you as I had writt, 
and &s I certainly expected — But I hope when y' honor hath penifed the 
inclofed (w*** is a true account of the proceedings in that affaire fo far as 
I know, you will imput it tmly to my weakness and inadvertency in truft- 
ing too much to others: and can allure you to the best of my knowledge 
tlier shall no falf hood to your honor nor no other slipc from his pen who 
f incerely is - 

Your honors' 
most obedient humble Ser\'an* 

THO: POLLOCK 



[From Calendar of Virginia State Papers. Vol. 1. p. 162.] 



21 January 1713. 

To Coll : Pollock (From Gov : Spotswood) 

Sir, 

Sinc« an interview which I took so much pains to obtain & to make 
easy to you, hath not been judged of such importance as either to merit 
your presence, or the thoughts of your Government to instruct your 
Agents in any one overture for promoting your Service against the En- 
emy : And since I perceive, both, by your letters and their discourse, 
that I am not to expect any provisions for the Forces desired from hence, 




6 COLONIAL RECX)RDS. 



notwithstanding the expreff afluranoe thereof in your late address, I 
must now plainly tell you, that after having been twice thus ba£Bed by 
your Affembly, I am discouraged from undertaking any thing further 
for your relief. And untill I understand that you have sufficient Maga- 
zines of provisions at Meherrin, Morattuck, & Jenitaatar Rivers, I shall 
not Resolve upon sending any forces: for I have not been used to make 
war after the Indian manner without any measures concerted or promises 
Regarded — I have made some proposals to your Agents for furnishing 
those provisions & Securing the Magazines, and for prt»ser\'ing a C\>m- 
niunic^tion over Morratuck River, which they will imi)art to you, as 
what I judge nijcefsary for profecuting the War with Effc»ct: and if you 
have any other proiK>sals to offer, that njay Ik? feasablc, I shal heartily 
concur with you in the Execution* of them. But I would not have you 
build your proposals entirtdy on the thousand {xMinds, for in my opinion 
tliat sum will l)e scan;ely sufficient for the pay, alone, of such a number 
of men as in j)rudcni»e may venture among the Tuscarum Towns, mucli 
less to furnish provisions withal 1. I am sorry you did not let me know 
scM)ner, your mind in relation to ye Duffells! for you will observe by the 
a«'ount stuit with Major Gale, that I have delivere<l him here, such a 
((uantity of Cloathing as exceeds the sum given by our Afsembly above 
£16, l)esi(les the Charges of their transi)ortation hitherto, occasioned by 
the necessity of imploying different iKjrsons to punJiase them at remote 
pla(^ and tlie hastening them hither for your ser\'i(Xi before the charge 
could be computed — You needed not have given yourself so much tnnible 
to Appologize for the delay of your Alsemblys' Address : for it is the mis- 
management of weighty affairs, and not the miscarriage of such Trivial 
matters that can effect, me — 



[From PoLLorK's Letter Book.] 



Chowan, JanV 171*. 
Hon* Sir 

By yours of the 21"* instant by Maj Gale I perceive your dissatisfac- 
tion at my not coming in. I really thought that Magor Gale and M' 
Peterson might have easily offered such reasons for my stay as might 
have l)een satisfactor}"^ ; a<5 the supplying the army with provision of every 
kind to carry out with them; the fearing every hour of hearing of dif- 



COLONIAL RECORDS. 



ferences and quarrels between our people and the Indians. For the In- 
dians having destroyed all the stocks where they were onlered to be, be- 
gun to spread themselves further without orders, which put several peo- 
ple into such a ferment that they were more ready to Fall upon the South 
Carolina Indians, than march out against the enemy. 

And as for our agents they had such instructions as was thought nec- 
essary, and so &r as could reasonbly l>e given, which I can easily make 
appear to your Honor, if — 

As for your pro|K)sals which I had account of from Major Gale of 
your supplying your forces with provisions, on condition the Deputies, 
in behalf of the Lords Proprietors Mortgage all the lauds on the north 
side of Moratock, which to the best of my knowledge, is not in our 
power to do, having no such power given us, neither by the Constitution, 
temporary laws, nor no instructions for the Lords Proprietors, that ever 
I see or heard of. And as for our laying up stores of provision at Meher- 
rin, Weekacainie, and pawstantare (?) Rivers, before you can march out 
your forces. I l)elieve there can be little said to that until we see how 
our provisions holds out howsoever, shall lay your proposals before the 
Council as soon as I can get them together, or have their Judgments 
therein, and shall send in their answer. As for your not desiring me to 
build projects entirely on the £1000; I am not conscious to myself of 
projecting anything thereanent unreasonable or impracticable. For you 
may see in a part of a paragraph of mine to you, Dec 28*^ having men- 
tioned the £1000 I add, I thought it was a good reserve for the last cast, 
and it was not policy to venture all at one hazard, and In another part 
of a paragraph of the same letter — and as soon as the army is out, and 
we have a little propect how affairs are like to succeed, then to send a 
Deputy or two to give your Honor a true state of our condition, and to 
agree on such measures as you shall think most advantagaus for the peace 
of this government; and in my last to your Honor of Jan'y ITy^ after 
having laid down the scarcety of provision in this Country, I add, I be- 
lieve it will he necessary, if your Honor send out forc^es to our assistance 
that provision be purchased out of the £1000, but if you do not send 
them in until provision is oarrie<l round then we shall l>e more capable of 
judging what we may want: by all which you may perceive I was not 
pressing for the present marching out of your forces ; whic^h was for 
these reasons following: First, I thought Col Moore had a sufficient 
number of men, and that it was not prudence to venture all at one haz- 
ard, but better to reserve; Secondly, I doubted our ability in finding 
provision for all ; Thirdly, I had some fear that your forces joining Col 




8 COLONIAL RECORDS. 



Moore, quarrels and differences might arise between them, to the endan- 
gering the overthrow of the design. These were all the projections that 
I laid concerning the £1000, or man^hing out of your forces, that I knew 
of, and if I have erred in my judgment, I shall willingly yield to com- 
ply to what is more reasonable and practible. In the first address to 
your Honor I was not concerned, and in this last, tis true I signed it, and 
wish I were capable of performing it. And they have not only baffled 
your Honor and me, but also themselves, so that a considerable number 
of the inhabitants here arc totally ruin of the government. Since trivial 
miscarriages do not effect your Honor, I would intreat the favor to in- 
form me if I have been guilty of any mismanagement in weight matters, 
thereby I might any way incur your displeasure, that if possible it may 
be rectified ; for knowing your favor is of great consequence to preserve 
the peace and quietness of this government, have therefore endeavored 
all I could to procure and preserve it, I have not to my knowledge, spoke, 
writ€ or done anything that may deserve contrary, and shall willingly 
grasp at any oppertunity to rectify that I am 
By William Charleton 



[B. P. R, O. N. C. B. T. 7. p. 69.] 



Craven House Jan'^ y* 26*»* 1712-13. 

Present 
Henry Duke of Beaufort Palatin 
John Ix)rd Carteret 
•Maurice Ashley Esq" 
S' Jno. Colleton Barr* 
Jno. Danson Esq" 
Ordered that a Commission be prepared for Coll. Nicholson to enquire 
into the disorders of North Carolina. 

That directions be sent to the President of North Carolina that the 
Brigantine belonging to Emanuel Low seized and condemned as forfeited 
to the Lords Proprietors be restored to the said E. Low or his heirs or 
assigns as a gift by the grace and favour of the Lords Proprietors 

This Case above l)eing not represented fully and plainly to the Lords 
the consideration of that matter was adjourn'd till another time 
Adjourned till Saturday next to examine Coll. Rhett's accounts 



COIX)NIAL RECORDS. 9 



Ckaven House. Jan'^ y* ai"' 1712-13 

Present 
John Lord Carteret 
Maurice Ashley Escj" 
S' John Colleton Barr* 
John Danson Esq** 
SignM a Commission for Co" Nicholson to enquire into the troubles & 
disorders that were lately in North Carolina 

Ordered that Co" Nicholson have a cK)py of Gov' Hyde's Instructions 
&c. 

Ordered that a letter be writ to Co" Polluck in answer to his two let- 
ters & to inform him that Co" Nicholson is (X)niing with a Coram" to 
enquire into their late disorders and to command them to submit to his 
directions 

It was agreed by the Board that the Order that no Land should be 
sold in Carolina for the future but what was paid for at this Boanl be 
canceld upon the setling what sum in Carolina is eiiuivalcnt to £20. in 
London & to be further considered of 



[B. P. R. O. B. T. Pboprieties. Vol. 9. Q. 30.] 



31 January 17 If. 
His Excellency, the Most Noble Henry Duke of Bc^uifort Palatine, the 
R* Hon"« W» Lord Craven, The R' Hon»>'* John Lord Carteret, The 
Hon"* Maurice Ashley Esq" Sir John Colleton Bar' and John Danson 
Esq' and the rest of the true and Al>solute Lords proprietors of Caro- 
lina in America To the Hon"* Francis Nicholson Esq' Greeting. 

Many Complaints having l)een Transmitted to us, relating to very 
great Disorders that have been lately committed in Her Majesty's Prov- 
ince of North Carolina, which Complaints tho in some Measure prov'd 
by Affidavits, have given us so Imperfect an Aw'ount of the said Disor- 
ders, that we were not thereby enabled, to lay the same before Her Maj'^ 
to receive Her Royal: Conmiands relating thereunto; To tlie end there- 
fore that Her Maj'^ may receive a more certain Information of all those 
Illegal proceedings and Disorders, We reposing especial Trust and Con- 
fidence in the Ability Faithfulness and prudent Circumspection of you 
the said Frances Nicholson, have Nominated, Authorized Constituted and 
Appointed, and by these presents do Nominate Authorize, Constitute and 
2 



10 COLONIAL RECORDS. 



appoint You the said Francis Nicholson, to be Our Commissioner to en- 
quire into the aforesaid Illegal proceedings and Disorders and by a full 
Examination of the Affidavits and All^ations on both Sides, to Informe 
us what was the Occasion of them and who were the Authors or Abet- 
tors of them and to represent to Us what you shall think to be the most 
proper Expedient to put an end to the same ; And we do hereby Author- 
ize You after you have made enquiry into the said Disorders, to appoint 
such persons as you shall think most fit and proper to represent Us as 
Deputies in the Council of the province aforesaid ; And we do hereby desire 
you to transmit to Us, an account of Your actings and Doings in Execution 
and performance of this Enquiry and Power, in Writing under your Hand 
and Seal, with what Convenient speed you can ; And we do hereby require 
and Command our Deputy Governor, president of the Council Secretary 
Commanders in Chief and all other OflBcers or persons whatsoever, within 
the said province to Deliver or Cause to be delivered to you or to such 
persons as you shall appoint all such attested Copies of Records, and all 
Accounts and pai)ers whatsoever relating t^) the premises without any Fee 
or Chai^ for the same And that they the said Deputy Governor presid* 
and other persons above mentioned be at all times aiding and assisting to 
you the said Francis Nicholson in Execution of the power hereby granted 
to you as they will answer the same at their peril 

Given at Craven House this 31" day of Janu*^ 1712-13 

BEAUFORT Palatin 
CARTERET 
M ASHLEY 
J COLLETON 
J DANSON. 



(Endorsed) 

R^* 
Read 



I 25*^ Feb^ 1712-13 



[From the Vbbtry Book of St. Paul's Parish, Chowan Precinct.] 



At a vestry held at the Hono"' Thomas Pollock's Esq' president at his 
house on the West Shore in the precinct of Chowan in the province of 
North Carolina. Feb'^ y* 6"* 1712-13 

It was then ordered that in pursuance of an act of Assembly dated 
March y* 12*** 1710 and likewise by an Order of Vestry met at the House 



COLONIAL RECORDS. 11 



of the Hono"* Edward Hyde Esq' president dated December y* 18"* 
1711 appointing the Collection of forty five pounds with the Charge of 
Collecting the said sum to \ye paid to the Reverend Mr John Urmston. 
Missionary. 

These are therefore to inipower you John Hardy to collect and receive 
of every Tythable person in the precinct of Chowan twenty pence in the 
Staple Commodities of the country, and to lodge the same in places con- 
venient upon the Water, giving the said Mr Urmston Notice, and order 
to receive it and for the so doing you shall receive fifteen p' Cent out of 
the said Collection Given under our Hands this 6*** Day of Feb*^ 
1712-13. 

Ordered upon Complaint of Mr Thomas I^ee that Mr Eldw^ Moseley 
had l)ought of him the said Thomas Lee. fourteen hundred feet of plank 
on pretence of laying a Floor and repairing the Church on the North 
Shore in this precinct, and now refused to pay for the same, and therefore 
upon Application made, t'was then to be entred in the Vestry Book that 
We the Vestrymen for the said precinct are of opinion the said M' Mose- 
ley is indebted and obliged to pay for the same and not the parish there 
appearing no order of Vestry for the purchase of the said plank, neither 
hath it been applyed as pretended, but is wasted or destroyed and ren- 
dered useless. 

That Mr Edward Moseley refund the three pounds, received of the 
Vestry on Account of Ricliard Booth to the Church Wardens for this 
year, the same appearing not due to the said Richard Booth. 

That M' John Bird and M' Samuel Patchet be and are hereby chosen 
and appointed to be Church Wardens of this precinct for the year 
ensuing. 

Ordered that Thomas Wess be Clerk of the Vestry and be allowed as 
formerly. 

Ordered that the Church Wardens for the year ensuing demand of the 
Executor of M' Robert Fendall deceed twelve pounds which the said 
Robert Fendall oollegted for the use of this precinct, and in Case of 
Refusal to Sue him for the Same. 

That the Bible now in the Custody of M' Nicholas Crisp Ikj delivered 
to Maj' Thom" Luten. he obliging himself to SLHi it forth-coming. The 
Gift of the Hono"' So<^iety de pro{)ogandA &c by the Reverend M' 
Urmston. 

That the Bible now in the Custody of M' Thomas Lee lie delivered to 
the V^estry when demanded. 



12 COLONIAL RECORDS. 



That the Standard of Weights and Measures is committed into the 
Custody of M' Thomas Peterson and tliat he demand and receive the 
same wherever they be and that the said M' Thomas Peterson give an 
account thereof to tlie next Vestry. 

That Cap* Robert West and Cap' David Henderson be and are hereby 
chosen Vestrymen in tlie room of the Hon^** Edward Hyde Ksq' our 
late Gov' and M' John Walker deceed — 

That M' Thomas Peterson and M' Thomas Lee do Sue M' Edward 
Moseley pursuant to a former Order of Vestry for the money in his Hands 
which was given for the purchase of Church plate. 

THOMAS PETERSON THOMAS POLLOCK 

THOMAS LEE THOMAS LEUTEN 

WILLIAM DUCKENFIELD LEONARD LOFTIN. 
JOHN BIRD. 



[B. P. R. O. B. T. Virginia. Vol. 13. O. 137.— Extract.] 



COL SPOTSWOOD TO LDS OF TRADE 11 FEB 1712-;}. 

Virginia 11 Fel/ 171| 
My Lords 

* * * * 4c 4c 4c 

The honour your Lordships have done me in approving ray Conduct 
in relation to the Civil Dissentions in North Carolina is the Greatest 
encouragement I at present have for the (X)ntihuance of my. endeavours 
to assist that unhappy Country I wish I could have received from your 
Lord^ Board directions for my better guidance in a matter of far greater 
consecjuence, I mean that of their Indian war which would have been so 
much the more necessary in r^ard to the difficulties I have to struggle 
with here : for such is the natural Disposition of the people towards aid- 
ing their neighbours, that I (jan very assuredly jnforme your Lordsp" 
that I am the only person of the Government that ever proposes giving 
any assistance to North Carolina in its distresses, and must alone fiirnish 
the arguments to obtain the Councils c*oncurrence or to procure any sup- 
plys from the Burgess(is: besides that whatever I undertake in l)ehalf of 
that distracted Country I am forced to push on with a great deal of trouble 
and expense to myself. On the other hand there reigns such stupidity 
and Dissention in the Government of North Carolina that it can neither 
concert any measurers nor j)erform any engagements for its own Seijurity. 



COLONIAL RECORDS. 13 



For upon a representation from the President Council & Assembly of 
that Pmvinee of their miserable Circumstanoes which I imediately laid 
before our Assembly with all the Exhortations I could use to move their 
pitty in their distressed Fellow Subjects (as your Lord*** may find in the 
29*** page of the Assemblys Journal) All I have been able to obtain 
from our House of Burgesses is only the sum of a thousand pounds, and 
nine hundred yards of Coarse Cloathing for the poor people that have 
been plundered by the Heathen, and (as it was represented) would be 
obliged to ly out in the woods for the protection of the remaining part 
of the Province against their incursions in the Winter Season, Our Bur- 
gesses looking on that Province as the Author of its own Misery, by the 
continued Disorders in the Government and the Licentiousness of the 
People, and tho in the Address they say they have given the supply with 
cheerful hearts, yet the struggle with which it passed in their House is 
an evidence of their disinclination however it must be acknowledged that 
this inconsiderable Sum tho' unequal to the charge necessary for Subdue- 
ing that barbarous Enemy, is nevertheless the greatest Donative ever 
given by an Assembly here to be expended out of the Country. I am 
now Endeavouring to lay out this small supply to the best Advantage 
as soon as the season of the year will favour an' expedition against the 
Indians and should have hoped by the assistance of the forces sent from 
South Carolina (which consist of eight hundred and fifty Indians and 
thirty three white men) to have reduced the enemy had the Government 
of North Carolina done their part. But notwithstanding the assurance 
given by their assembly in their Address (whereof I send your Lord** a 
copy) that they would supply with provisions and the charge of Trans- 
portation what Forces should be sent from hence to their Assistance : 
Upon a conference which I had with some Agents from that Govern- 
ments about three week ago they plainly told me that they furnish 
neither : nor could they make any proposals to me either for helping 
themselves or enabling me to do it. And tho at their request I have 
supplyed 'em with the Qoathiug which was intended for three hundred 
men to go out against the Indians they cannot now find one hundred in 
the whole province to go on that expedition. Some deserting the Coun- 
try others absconding and the rest sheltering themselves under the Masque 
of Quakerism. Such gross mismanagements as these have in a great 
measure been the Occasion of their unhappy Circumstances & must 
entail on them further miserys if any ac(Mdent should happen to the 
Gentleman who commands the South Carolina Indians. For ius they are 
made up of a great many diiferent nations and kept together by the sole 



14 COLONIAL RECORDS. 



Autliority of that single person there is no question to be made but that 
if he should fall or receive any considerable disadvantage in his attempt 
upon the Tuscaruros all these Indians would iraediately disperse and 
leave their friends in a much worse condition than they found 'em hav- 
ing already committed very great disorder in the Country through which 
they passed from which no authority of their officrers amid restrain them 

* * * 4c 

A SPOTSWOOD 



[From Spotswood Letters. Vol. 2. p. 2.] 



GOV. SPOTSWOOD TO THE LORDS PROPRIETORS. 

February 11, 1712 [1713]. 

To the I^rds Proprietors of Carolina : 
My Lords: 

Since I have undertaken to concern myself in ye Affairs of yo'r 
Lord'ps' province of No. Carolina, in my Neighbourhood, I think my- 
self oblig'd to give y'r Lord'ps an account thereof from time to time, 
more especially in ye present Conjunctui-e, while the jieople labour under 
the presure of an Indian War; and, {)assing by sundry transactions I 
have heretofore had w'th that Governm't, (because a relation thereof 
might be as disagreeable to yo'r Lord'ps as they have been to me), I shall 
only mention what is at present in Agitation for ye relief of y't unhappy 
people. 

About the begining of last Novem'r I received a representation from 
ye President, Council and Burgesses of No. Carolina, setting forth their 
deplorable Circumstances, and praying some Assistance from hence. I 
imediat^ly layed it before our Assembly, then sitting, and that I may 
avoid troubling yo'r Lord'ps with a long Narrative of the Success there- 
of, I send herewith a Copy of the proceedings thereupon, which y^r 
Lord'ps may peruse at y'r Ijcisure. I shall only briefly tell y'r Lord'ps 
that with much ado I prevailed with our Assembly to support y'r Lord'ps' 
province with Cloathing for 300 Men, and to raise £1,000 for their fur- 
ther relief in such man'r as I should judge proixjr. Y'r I^ord'ps will 
easily imagine that a Sum so disproportionate to the exigency of Affairs 
(tho' it must be confesed to l)e the greatest that ever an Assembly of 
V^irginia gave t*) be employM out of tlie C/Ountry), recjuirM a more than 
ordinary frugality in the managem^t thei'eof to render it effectual for the 



COLONIAL RECORDS. 15 



intended Service. For this purpose I thought it necessary to desire a 
Conference with y*r Lord'ps' Deputys, at some place which they should 
think most convenient, to concert proper measures for employing this 
small supply, being in hopes, with the addition of provisions which the 
Assembly of No. Carolina had engaged to furnish, I might be enabled to 
furnish such a body of men to their relief as might in a great measure 
have dispersed the Enemy and given some relaxation to their troubles; 
but whether the arrival of the succours fn)m So. Carolina in the mean- 
time under Colo. James Moore, ((H>nsisting, as he informs me, of 850 
Indians and 33 white men), made them believe they should have no fur- 
ther occasion of my Assistant, or by what other unaccountable humour 
they were guided, I cannot determine, but it was above Two Months be- 
fore I could prevail with them to give me a Meeting, and then. Notwith- 
standing I took the Trouble of a I^ng Journey to a place where Mr. 
President Pollock might easily have come by water, I only found there 
Major Grale and one Mr. Petterson, but both so far from having any 
power or Instructions to proixise anything for the Service of the Coun- 
try, that all I found they had to tell me was y't I cjould ex})ect no pro- 
visions from them; that their men had all either deserted the (rovemm't, 
absconded in it, or sheltered themselves under ye Masque of Quakerism, 
to excuse their bearing arms; and that now they had got the Cloathing, 
which I have delivered to them, they had no men to use them. So that 
being disappointed both of the provisions I hiwl l)een promised, and of 
the Assistance of men to Act in Conjunction with what 1 intended to 
raise, and every man at the conference Jigreeing y^t if the Charge of the 
Provisions was to be taken out of ye £1,000 the remainder would not 
suffice to pay such a number of men as in prudence I ought to venture 
into the Tuscouroro Country; and lastly, all concluding that without 
some speedy measures taken for the relief of that Province, ye greatest 
part thereof would be abandoned to the Indians; I then offered to supply 
the Charge of provisions out of her Maj't's revenue of q't rents of this 
Colony, provided y*r Lord'ps' Deputys would engage to her Maj'tie all 
the Lands to ye Northward of Roanoake River and Chowan Sound, for 
ye repaym't thereof within three y'rs. This could have been no riscjue 
to y'r Lord'ps If y'r Deputys had any faith on the public Engagem'ts 
of their Assembly; or, if that should not have prov'd a sufficient Security 
to discharge ye Debt, y'r Lord'ps had then three Years either to Con- 
tinue the paym't of it some other way, or to Obtain her Maj't's fav'r to 
remit it entirely. On the other hand I only run ye hazard of incurring 
her Maj't's Displeasure, by breaking upon a positive Instruction, which 



16 CX)LONIAL RECORDS. 



restrains nie from disposing of any part of that Revenue without a par- 
ticular Warrant. I told Major Gale and Mr. Peterson at parting, and 
wrote by them to the president, that I could not proceed to raise men till 
provisions were ready for their Subsistanee; and I press'd a speedy Res- 
olution ; but I have now waited 3 weeks without receiving any answer, 
and hereby all measures for their Assistance from hence anj at a Stop. I 
cannot but aprehend the ill consajuence of this unseasonable delay, for 
if Colo. M(K)re should meet w'th any Considerable disadvantage in his 
Attempt upon the Tuscoururo Towns, it is not to be imagined that a 
body of Men, peic'd up of so many nations of Savages as his is, should 
be kept together after IxMUg once baffled. Nay, if Colo. Moore alone 
should happen to miscarry, they would imediately disperse, and such a 
disorderly multitude, let loose among the Inhabitants, would prove as 
destructive as the Enemy ; Since exjierience has already show'd how litle 
of discipline or Rule there is among them, and that even Colo. Moore's 
presence and authority Could not restrain them from such ravages among 
the stocks of y'r People, where they were quartered, as, (if President 
Pollock informs me aright), hath more exasperated the Inhabitants ag't 
these Auxiliarys than against the Tuscsiruros, their Enemy s. 



[From N. C. Letter Book. 8. P. G.] 



MR RAINSFORD TO THE SECRETARY 

Chowan No Carolina 

17 Febry 17}^ 
Hon"' Sir 

Sinw my last to you on the 25'*' of July with deep concern I am forced 
to tell you that this Country has been miserably reduced by Indian cruelty 
the Inhabitants are brought to so low an ebb by this unhappy war that 
rather than expose themselves to their enemies they have most of them 
(piitted their plantations and entirely thrown themselves on the Virgin- 
iaiLS for relief The Governor of South Carolina has sent Eleven hun- 
dred Indians in order to relieve this Government and Col Polhx;k our 
President with his council have levied Five })ounds on every titlH^able 6 
bushels of corn a quarter part of all their wheat for the maintenance and 
sup[)ort of these Ashley River Indians The stocks of our English In- 
habitantii are all destroyed by their coming to this Country and their 



COLONIAL RECORDS. 17 



poverty is so grc^t that Virginia lias given ^l(XX) Skirling to relieve 
them with 900 yards of Duffle to eloath them so that should they con- 
quer their Enemies without the (Charitable support, of the proprietors 
thev can never afterwards l)e able to subsist. 1ln*s is a true account of 
the miserable state the Country now lal)oui*s under as may appear by 
Grovemor Spotswcxxl's hint in the iucloscnl to me. I have already been 
taken by the Savages in my Journey to one Adams to preach and after a 
little Conference let go, but guardtnl by two of them out of the parts. 
Therc'fl scarc« a Man even on the North Sliore of Chowan River (which 
lx)rders on Virginia) to l)e found, and that for the women they wont leave 
their plantations to go to a house where T make an appointment, to preach. 
So that very little gO(Kl at the present juncture can be expetrt-ed from us. 
Indeed I have been visited with a terrible seasoning to the great hazard 
of my life being given over for 3 months together by those that beheld 
me but it has pleased God to restore me to my former health. The dan- 
ger of Living here at present is such, that it has obliged me to petition 
the Grovernor of Virginia for a living in his parts for six mcmths only, 
which upon mature deliberaticm, Hoping that the disonlers of the coun- 
try in that time may be comj)osed, he has conde^scended to gratify me but 
with great caution to the Venenible Society whose Missionaries he would 
no way be suppased to remove I am entertiiin(Kl in Surry parish for the 
time mentioned conditionally That I return to my duty upon the first 
happy opportunity of a peace which I have promised to do and by my 
future diligence I hope I shall answer the pious intentions of the Scx'ie- 
tys sending me over. I am not so remote but a days Journey will feUJi 
Carolina, and I shall be sent for on any oiMUsion (by Mr. Garrat) where 
my duty calls for my ap[)earanw, my agreement with the peo[)le of Surry 
is from the 25"* of March to the succ^eeiling Michaelnuis and no longer ; 
and if the Society think fit to stop my salary for that J year I must ac- 
quiesce and submit to their pleasure; a principle of conscience obliged 
me to lay before you my proceedings or otherwise I must recreive the So- 
cietys money as Mr. Urmstone does who has bought a plantation on the 
confines of Vii'ginia and livas to his satisfaction on the plentiful Income 
of what the Soeiety allows him, were it in his power to do the Society 
the services they might expetit, yet he has so exposwl himself to ])opular 
hatred by his wretched way of bt^ging and other indis(Tetions, I am 
unwilling to mention, That no single person in the Government will 
attend his appointment on the score of this selfish principle. I have 
endosal the late Governor Hide's letter to me Ix^fore ever I had seen him 
with a design the S<x;iety should no way Ikj imposc^l upon where I have 
3 



18 COLONIxVL RECORDS. 



an interest I desire no Missionary may be sent over here since I have no 
way quitted their service only by being forced to it as I may properly 
say in a time of persecution New Castle in pensilvania is vacant by the 
removal of M' Sinclare and should be extreme thankful should the 
Society be plea8e<l to order me there I wish Sir you would pro}K)se it at 
a General Meeting for I am v^ery uneasy to Ixi hindered from my duty 
by these unhappy differences. I have drawn upon M' Hodges our 
Trea.surer for my half yeai's salary ending 25*** March next and do almost 
hope I may receive the succeeiling half year. I mesm till Michas uj>on 
condition I'm ready to attend my duty here on the least notice when occa- 
sion requires me — On the account of my late indisposition I have been able 
only to Catechise children and Imptize six Negroes with the advantage of 
what Good I might do thro' God's blessing by preaching and conference 
I might truly have starved and been lost were it not for M' Edmond 
Kearney a Merchant of Hampton, I mentioned in my last who took great 
care to supply me with money and necessaries in my late sickness, which 
mightily reduced my stock by gratifying the Christians and obliged me 
to take from him this half year's salary l)eforehand I design to deal with 
him entirely while I am in your service and not do as some Missionaries 
continue to l)uy Goods in London and so neglect the true ends of their 
Miasion, by attending their Markets here to the great scandal of their 
profession, I earnestly recpiest that you would please to speak to M' 
Hodges, that my bills may be honored on the very day of payment since 
M' Kearney's civilities to me have been almost inexpressible I have 
nothing more to add but that I am with all truly Christian gratitude for 
favors already done me 

Your most obliged &c 

GILES RAINFORD 



[From Polix>c:k'8 Letter Book.] 



Chowan Feb 20*»^ ITlf 
Hon** Sir 

Yours by Col Moore, and your likewise by your sloop, received: by 

l>oth which your prudent application and indefatigable pains, for our 

preserv-ation is most evident : and I am in great hopes that your forces, 

under the c*onduct of so wise and dis(Teat a commander as Col Moore 

seems to be, will have the desired effec^t of reducing our enemies to a 

necessity of making peace on reasonable terms, or of forcing them out 



COLONIAL RECORDS. 19 



of the country. We were at a loss on Col. Moore fir^t coming, for our 
men that wo had sent out in August and SeptemlxT in exjxictation of the 
coming in of some of the forcjes and staying untill November had eat up 
almost all the wheat and other provisions sent round and our Assembly 
would not consent to send round to Neuse a Sloop almost laden with 
wheat and |K)tat(K»s which I had st<:)pped with intention to send here 
round, neither would they be persuaded your forces w.ould come at all. 
So that when your forces arrived, thought it best to have them come and 
stay to refresh themselves in Albemarle County until provisions could be 
carried round. And likwise having come to some preliminarj' articles of 
agreement with some of the chief men of the Tuscaroras who had prom- 
ised to kill and bring in the heads or scalps of all our Enemie Indians 
that were concerned in the war against us, against the first of January 

then next ensuing, or ways hostages for every fort, so 

was willing to sec whither those Indians would perform their agreement ; 
but provision being got round to Neuse, and these Indians not coming as 
they had promised, Col. Moore Marched out with the forces from hence 
the IT**" of last month, and marched out from Reading's Fort in Pamplico 
River the 4*** of this month, having l)een stopped there by extraordinary 
deep snow and bad weather several days. They carried out from hen(»e 
as much provission as they would, and there is sent round to Neuse txhowi 
2200 bushels of (rorn, and 3 or 400 more ready to be sent round ; and 
likewise for fear of want we have laid an embargo on all vessels hero 
until 2000 bushels corn more is raised and 100 barrels of iK>rk, so that 
I am in great hopes your forces will want provisions. 

Governor Spotswood with great struggling and difficulty obtaineil at 
last from his assembly 180 pounds to he laid out in duffels and other 
coarse woollen for the clothing of our people that went out in the army, 
and likewise 1000 pounds more to be managed by him for our assistance 
in carrying on the war. The coarse woollen we we have had, and he 
seems very willing to March out his forces t^) our assistance; but, pro- 
vision l)eing scarce, we may fall short of supplying either fon«, and so 
may lose the benefit of both ; and also doubting if the forces join their 
mav chance some differences fall olit to the hindrance and detriment of 
the action, above all your having been at great charge and much trouble in 
a.ssisting us, and having sent in now sufficient forces, by God's assistance, 
to finish the war; now for others to come in seemingly to the end of the 
war to participate the action with you, seems to me a little unreasonable, 
and would seem ungreateful in us to our deliverers. Uj)on which rea- 
sons have delayed matters with him until we see how provisions hold 



20 CX)LONIAL RECORDS. 



out, and how pronperoiis Col Moore with your forces may be against our 
encniios. with my utmost gratitude accept of Yonr Honor's whole- 

some advice in relation to M' Moseley, and should act very unwisely to 

for him here, knowing him so well as I do, for I know 

he was the chief contriver and carrv-er on of Col. Carv's rel)ellion 
against President (Jlover, and likewise of the diiference lx?tween Gov- 
ernor Hyde and Col. Cary, and also, as I can gather from the best intel- 
ligence I can have, the chief instrument that occasioned the difference 
l)etween our Governor and Col Barnwell, as likewise of his not taking the 
fort of Cotechney it being very visible to any thinking man that he en- 
deavoreil all he could to blacken Governor Hyde's administration^ thereby 
to endeavor a change of Government ; and being as may be reasonably 
imagined, in hopes that such an address as he had procured from our 
assembly to send to the Lords Proprietors in favour of Col. Barnwell 
might bean inducement to them to grant him the a<lministration; and 
then they two, with the interest of the (Quakers who are the chief mould- 
ers of the assemblies here, might have carried matters on here at their 
pleasure. 

as for Col BarnwelPs proceeding and behaviour here I will endeaver 
to inform myself what I ciui theirin, and, if any thing material, will 
send it by the next return of your sloop. Only his transactions here 
with M' Moseley, albeit so open in their effects yet have been managed 
so closely, that unless that letter that he received from M' Moseley some 
two or three days before his making that sham peac^ with the Indians, 
could Ixi procured, it will be difficult to make any discovery of it. As 
for news our latest from Verginia is their daily expectation of Brigadier 
Nicholson from England with the title of Visitor General of all his 
Majesty's plantations on the continent of America. From Verginia, 
they give out, that he is to go next to South Carolina. 

I am very doid)tful the forces will be short of amunition ; for Col. 
Moore at liLs arrival gave account [of] but about 300 11)8 powder tliat 
he had left, which with 300 lbs he had of me, and 100 lbs from Ver- 
ginia, and 200 that Col MacKey had left of mine at Bath County, is in 
all 900 lbs powder with shot answerable, which with the 600 lbs you 
sent in now, I doubt, will not sufficient, if they continue any time here, 
(the Indians wasting powder at an extraordinary rate). And 1 should 
be very unwilling to press on the governor of Verginia to have it out 
of the thousand pouuds given by the assembly there, he having already 
given me aa*ount that he intends it only for the pay of what forces he 
sends to our assistance, of which I wish we may have no (xx^siou ; all 
which I leave to your Honoris prudent consideration. 



COLONIAL RECORDS. 21 



as for the payment of the sloop I have taken all the care I can, and 
am promised twenty barrels pork to Ikj sent now in the slcK)p, and most 
of the remainder I hope will be ready in other eountry pay, pork and 
eorn Iwinp: very scniree this year here. 

Hon** Sir If yon knew the great trouble, vexation, and uneasiness I 
endure, I am sure you would pity me : all lying on my shoulders, But 
shall not fail to do my utmost endeavor for the safety of the country, 
and the good of the poor jxiople, and leave the success to divine provi- 
dence, l)eing in great hopes that your forties will bring us in a short time 
l^cj^ceand quietness, and you the hcmor of conquering our enemies; which 
is earnestly desired by 

This letter was sent out in the Ashley River, M' Aquilla Paul 
commander, to Governor Craven, Feb 27, 171§. 



[From Pollock's Lettek Book.] 



February 24^ 1714. 
Hon'* Sir 

Your^s from Reading's Fort re(*ived, and am very glad your men 
wei'e all so well and hearty after such a bad spell of wejither, and am 
still doubtful, the weather and ways have been so bad since, and so much 
difficulty of getting provision from Fort Barnwell, that you could do 
little of action yet. 

I have account of 2200 or 2300 bushels of corn sent round, some small 
matter more to be sent round, of the public, but doubting it will not be 
sufficient have laid and embargo on all vessels 2000 bushels of corn 
moor is raised and 100 barrels pork, which I hope will go near to last 
until some of their Fortes are taken. Tom Blount coming here this day 
with a letter brought by four of his Indians iixmi Albany, a copy whereof 
have sent you ; so hope there is no great danger of the seneca Idians, 
coming Uy "help the Enemy. The Indians at weekamnne, I understand, 
are join? of Tom Blount, and he pretends that he will not help nor 
join any of the other Indians, who he says are still in their forts. I 
have great reason to believe he is real, and hope we shall find him so. 
Our latest news from Verginia gives us account of the daily expectation 
they have of Brigadier Nicholson, under the title of Visitor Greneral of 
all Her Majesty's Plantations on the continent of America. From thence. 



22 COLONIAL RECORDS. 



it is reported, he is to go South Carolina. Tlie South Carolina packet- 
boat hath stayed here longer than I expected or intended, by reason of 
the Ijadness of the weather and oontrar}' winds, from Little River, she 
bring you ten barrels of \yeef and two barrels of salt for the Army. I 
hope it will not be long before you have more meat round, and have 
ordered Commissary Green to suppy what he can, wherever to be had. 
Likewise have ordered what provisions is in Captain Royals' Sloop to 
be and sent to you ; I can assure you I shall do what lies in my 

power for the supply of your forces. Pray let us hear from you by all 
oppertinies, for your good success is Earnestly desired by 

Hon^ Sir 

Your most obedient humble servant 

THOMAS POLLOCK. 

This letter was sent to the Fork of Neuse by M' Aquilla Pauli, Mas- 
ter of the South Carolina, who sailed from here Feb. 27*** 171 J. 



[B. P. R. O. B. T. Virginia. Vol. 58.— Extracts.] 



VIRGINIA— JOURNAL OF THE COUNCIL. 

At a Council held at the Capitol 
the 5*** day of March 1713. 

The Governor having this day laid before the Council the several Let- 
ters that have passed between him and Colonel Pollock President of North 
Carolina in relation to the assisting that Province as far as the money 
given by the late General Assembly here would permitt and also commu- 
nicating to this Board the subject matter of a conference held at South 
Key which was intended and desired by the Governor in order to concert 
proper measures for expending that small supply in the best manner for 
carrying on the service against the Indian Enemy but that upon Colonels 
Pollocks failing to meet and giving no authority to the agerits sent by 
him to enter into any engagements or make any overtures on the part of 
that Government and their expressly refusing to furnish provisions for 
any Forces to l)e sent from hence to their assistance notwithstanding the 
engagements of their Assembly to supply such provisions together with 
the charge of Transportation of the Forces. The Governor was pleased 
to acquaint this Board that he did not think it advisable to proceed any 



COLONIAL RECORDS. 23 



further in levying Forces to Ikj sent to the asnistanw of Carolina since the 
Fund given by the Assembly of Virginia is insufBcient to furnish the 
pay and provisions of such a numlxjr of men as can in prudence be ven- 
tured to attack the Tuscaruro Towns and thereupon desiring the advice 
of this Board what further Methocls can be taken either for assisting 
Carolina or for defending our own Frontiers since the Indians have lately 
a)mniitted three several murders on the Frontier Inhabitants of this 
Colony. Upon consideration of all which the Council are unanimously 
of Opinion that since the Government of North Carolina have contrary 
to their Engagements refused to furnish provisions for any Forces that 
should be sent from hence to their assistance esixx3ially when by their con- 
jiuiction with the Forces sent into [from] South Carolina it might have 
been hoped a speedy end would have been put to the War. It is in vain 
to depend any longer on the Engagements of the Government nor is it 
practicable with so small a Fund to pay and sulwist such a body of men 
as is necessary to attack with effect such a numerous Enemy as the Tus- 
caruros are. And therefore all this Government can do under the present 
circumstances is to defend the Frontiers of this Colony against the incur- 
sions of the said Tusc«ruros and to prevent their obtaining any subsist- 
ance by their hunting on our Frontiers while the South Carolina Indians 
are attacking them on the other side. 



[From Pollock's Lbtter 3ook.] 



May it please your Excellency. 

North Carolina Man^h 6*** 171§. 

This accompanies a letter from me and the Council ; for having seen a 
letter from yon to governor Hyde date May 12**" 1712, wherein you inti- 
mate that if their be occasion of the interposition of the five Nations as 
towards making peace with the Tuscarora Indians, that there will l)e 
occasion of money sent from this government tv make presents to the 
Indians and to bear the charges of the jHirson or persons the Indians will 
want to a(xx>mpany them to Carolina; to which I doubt not governor 
Hyde hath fully answered, laying down the j>overty and inability of the 
country to raise any considerable sum, our own divisions and this Indian 
war having much impoverished the country; and also U> fly to the 
Indians and hire them to be mediators of a peace, unless extreame ne- 



24 COLONIAL RECORDS. 



oessity forces, would be derogatory to Her Majesty^s honor, and might 
encourage the five nations to set Indians against Her Majesty's subjects, 
for their own advantage. Howsoever, if extremity reduces us to such a 
neces8ity,'^vhich I pray Go<l may not be, wc must fly to your Excellen(*y. 
also I understand, by a letter from M' Secretary Clarke to our 
lat-e Governor Hyde, dated the 21"' of August last, that Col Schuyler 
should report from the five nations, that some of their Indians, who 
were a hunting toward Carolina, were taken and some hanged, whic^h 
iscertiinly a false re})ort, our people having never taken, killeil, or hanged 
any of the five nations that ever I heard of. And to (convince* them of 
contrary, (V)l, James Moore, in his a)ming here from South Carolina, met 
with a party of Tuscaroi*as Indians killed 8 of them, and took one pris- 
oner who was one of the five nations ; which as soon as I understand, I 
purchased the said Indian, named Anethae, and having no other way to 
send him to his own country but by this vessel, would entreat the favor 
of your Excellency to get him conveye<l safe to his own Country, that 
they may see an know the falsity of these rej>orts. 

As to the making clear to the ^ve nations that the Tuscaronis were the 
first causes of the war, I doubt not but (Governor Hyde hath given you 
a full aax)unt of their taking Baron (Traffenried a swiss nobleman, who 
came here to settle a colony of switzei>; and Palatines; and one M' Law- 
son, our General Surveyor Lawson, they killed after a barbarous man- 
ner, and in five or six days after massaiTcd and took alx)Ut 130 or 140 
of our people, and all without any «iuse that we know of, or any com- 
plaint made unto the government and after they had made a sort of sham 
peace with Col Barnwell, they in a very few days boke it, and have con- 
tinual hostilities ever since, until the latter end of NovcuiIkt last ; at 
which time some of the givat men from six of their Fort came in, with 
whom we came to some preliminary articles of agreement, amongst which 
one was, that they would cut off all the Core and Cotcching Indians an<l 
all others that had any hand in the massjicre of the English, betwixt 
then and the first of January then next ensuing; and if they could not 
accomplish it by that time, they oblidgal themselves to bring in six hos- 
tages from each of the aforesaid Forts. Presently after this agreement 
we heard of Col M<M>re and the South Carolina forces arrival at the 
Neuse River, and had him in amongst us and kept him and his forces, 
being upward of nine hundred men, from the beginning of De(«ml)er 
until the Twentieth of January to see if the Tusc^roras would keep their 
agreement, which they did not. So Col Moore, with the South Carolina 
forces and some of our went out against them, and lie now against one of 



COLONIAL RECORDS. 25 



their strongest Forts, wherein, (by what Intelligence we can have) there 
is not less than three or fonr hundred men. If your Excellency had the 
oppertunity of sending the cowhorn mortar that Governor Craven writ 
for they would now have been of great use. 

While I was writing this, one Tom Blount, the chief man of one of 
the Tuscaroroe Forts which is next to us, who hath pretended all along 
that he was not concerned with the other Tusc^aroroes against the English, 
and with whom we have had no hostility all this time, came in to me 
\yith letters from your Commissioners for Indian affairs from albany (a 
copy whereof have herewith sent your Excellency) which, he says, four 
of his Indians brought him from thence. Notwithstanding which letter 
I have lately had information that several of the Five Nations are now 
among the Tuscaroroes; which wants yet confirmation I hope your 
Excellency will take what care you can to hinder the five Nations from 
joining or aijsisting our Enemies with amies or ammunition. 

The honor of your Excellency's answer by the first op|)ertunity here, 
or by the way of the Governor of Verginia, will highly oblidge 

Your Excellency's &c 

Sent out by M' Sears, Merchant, of a New York sloop here, who car- 
ried likewise the Seneca Indian. 



[From Calendar op Virginia State Papers. Vol. 1. p. 163.] 



GOV. SPOTSWOOD TO GOV. POLLOCK ABOUT INDIAN 

AFFAIRS. 

To Coll' Pollock, 8 March 1713 

gir 

You do me too much honor, in laying so great Stress upon my favour, 
especially since I perceive you do'nt intend I should show it by any 
present undertaking in yr: behalf. I rejoice very much to hear your 
affairs are not in that extreme necessity and apprehended them to be at 
ye time of yr: Assemblys' address & am glad you have now such num- 
ber of South Carolina Forces, as may be sufficient to do ye work effect- 
ually without ye a&sistance of Virginia. The Earnestness with w®^ I 
pressed the conference at South Key & ye concern I showed upon ye dis- 
appointment I mett with there, was purely out of Consideration of the 
4 



26 COLONIAL RECORDS. 



distressed condition of your People, and my earnest desire to contribute 
to their Relief — I sincerely wish y' Judgment may prove just & that ye 
S** Carolina forces Inay have no occasion to be joined with any from 
hence, for I'm afraid the Thousand pounds supply will prove but a poor 
Reserve, in case of any miscarriage. But whatever happen, I shal 
heartily Joine any endeavours to assist yr : province as far in me lyes, & 
for that end shal be ready on my part, to preserve with you a friendly 
correspondence, and on all occasions to testify that I am 

&c &c 

Just now I have rec* advice that the Tuscaroroes have surprised & 
rob'ed our Traders going to the Western Indians — I'm very little con- 
cerned for their loss, because they engaged to go so strong & to march 
so far wide of the Tuf ks, as not to be in danger of any attack. But I'm 
extremely troubled lest the enemy have by this means, got a greater 
quty : of ammunition than I could have wished — since I understand you 
are in such want of powder. I shal endeavour to send to Jno : Cottens 
by ye 18*** instant four barrels of powder, w** may be carry ed down to 
you by ye Canoes, in w** M" Hyde informs me she designs to come up 
at that time, and hope you will have some careful person there to receive 
this supply — 



[From Calendar op Virginia State Papers. Vol. 1. p. 165.] 



To Coll* Pollock, Virginia March 19^ 1713 

S' 
Capt : Jones informeing me of his intended Journey your way, I take 
this opportunity to let you know, that after divers applications from some 
of the Tufca" Indians, who say they left yr : Government on the first 
breaking out of the war & have since remained dispersed on our Fron- 
tiers, I judged it necessary to bring under some Regulation such a num- 
ber of disorderly people; who declared themselves, resolved not to return 
or submitt to yr: Govern"* and ag^ whose attempts the people of this 
Country could no otherwife be secure — ^The disposition I have made of 
removing them so far from you & placing our Tributary s between them 
and yr : Frontiers, with a constant Guard of white men at their Towns, 
both of the one & the other, I doubt not will satisfy all indifferent per- 
sons of the care taken to render yr Govern"* secure ag^ all their Designs 
for the fiiture, & the stipulation of delivering up such as were notori- 



COLONIAL RECORDS. 27 



ously guilty of the Mafeacre, — will convince you how much I desire io 
do jullice on thofe Rogues. As I have never held any correspondence 
with yr : Indians or other Inhabitants without communicating the same 
to Coll : Hyde and since his death to yr : Self, so I have now given Capt : 
Jones a Copy of the Treaty with thefe Indians, whereby you may be 
informed of every particular of this Transaction. 



[F&OM Calendar or Viroinia State Papebs. Vol. 1. p. 165.] 

27 March 1713 

8' 

. Ye 20^ of this inftant I attack No-ho-ro-co fort, on C * * * * 
Creek & ye 23* In ye morning took itt, with y* Loss of 22 Whit men 
& 24 more wond'd — 35 Indians KilFd & 58 wond'ed — Moft of ye Dam- 
age wee Rece* after wee had Gott ye fort to ye Ground, which we Did 
in y* firft 3 hours — I have Little elfe to advise y' Hon" but that ye Qu* 
of ye Ememies Deftroyed is af follows — Priffoners 392, Scolps 192, out 
of yesd: fort— & att Leaft 200 KilPd & Burnt In ye fort^-A 166 
Kill'd & taken out of ye fort on ye Scout, which is all ; but My Servis 

to Capt : Jones, from your Hon" ob**' Serv* 

JA: MOORE 



[From Pollock's Letter Book.] 



A copy sent in to M' Drinkwater to be sent to New Bern by 

March 31-* 1713 
Hon* Sir 

This day by yours of the 26''* instant had the joyful news of your great 
victory over our Enemy Indians, which, as it will I hope be a great 
means to bring safety and peace to this country, so it will redound much 
to your honor to have been the chief instmment of so great and go(xl a 
work. But as the best of metals is mixed with some alloy, so the joy- 
fnllest news many times with qualifying circumstances; as my not hear- 
ing from Capt* Maule nor none of his company makes me doubt that he 
and most of his company are killed or wounded. 

Your offer of Continuance of your service for the good of this poor 
Country is noble and generous, and I lieartily wish we could have the 



28 COLONIAL RECORDS. 



happiness to have you stay amongst us until the war is finished. And 
as for my judgment of what measures are most requisite in this present 
juncture of affairs, I think to the uttermost of our power this blow ought 
to be vigorously followed up until our enemies are forced to submit 
themselves. To do which there is wanting more white men, more Indians, 
and more provision As for white men, you know how difficult it will be 
to raise any number out of this country, but know not some may be 
had out of Verginia, of which it may be now time to concert measures 
with the government there. As for more Indians, it seems some accident 
hath hindered those 200 that Governor Craven writ of were coming. 
And if you send for any more now, it will I believe be July or August 
Ixjfore we c«.n expect them here. So we must cx)nsider what we must do 
for provision for them. We have a sloop with 800 bushels corne, 32 
barrels meat, and some tobacco, now coming round, as I am informed, 
which I believe might be sufficient to maintain the forces now with you 
until August next : and I believe with some pains their might be 4 or 

000 bushels corne now raised. Now wither you think this 4 or 500 bushels 
come, with what new corn and peaches may be had at the Indian towns, 
and what wheat may l)e had of the jjeople here, (which I doubt would be 
but little) would last luitil our new corn is gathered and carried round, 
which I l)elieve might l)e enough, the 500 bushels com before mentioned 
will keep them and the forces you have with you one month, and it will 
be hard if what corn and jxjaches may be had at the Indian towns, and 
what wheat may he had amongst the people here will not last them two 
months more until new com can be got round to them. So that albeit I 
durst not not engage, yet if you send for such a number of Indians, you 
may assure yourself there shall be no want of my endeavors to supply 
them. For I am really in the mind our Enemies will hanlly put any 
more trust in their forts, but rather trust to the swamps and pocossuns, 
where the Indians are better than the whites. 

I have given a rough and unpolished account of the state of our 
Country, and of their ability in carrying on the war, to the best of my 
knowledge with my own opinion that this blow is vigorously to be fol- 
lowed. Now I leave it to your prudent consideration, what number of 
Indians you think will lx» convenient to send for, and how you think our 
provision will hold out. Also, if we have any white men from Verginia, 

1 doubt we must exiXK-t little more supply of ammunition for the money 
raised there will l)e for paying of their forces, so ammunition must be 
had from South Carolina. I have much more to write, but the hasten- 
ing away the i)ost hinders me, and makes me write so confusedly, which 
hope you will excuse. 



COLONIAL RECORDS. 29 



I have ordered the Council to met here the 15*** of April, where and 
which time I would humbly entreat the honor of your company to con- 
cert together the proper measures for the peace and safety of this Coun- 
try. I have likewise taken care to provide a messenger to carry your 
letter to the Governor of Verginia, and I doubt not you will have an 
answer in by that time. 

Also some Matamaskite Indians disturbing the people at Matchepungo, 
and as informed, there being some Cores about Matikayes, now if you 
think part of your Indians may be spared from Neuse, I believe they 
may be of service there ; which I leave to your consideration. Only if 
you send any to Pamptico, you must order the sloop with the corn to carry 
so much of it round to Pemptico as you shall see convenient for their 
8ul>sistance. And I believe if Tom Blount should come in, and submit 
to suc^h articles as we shall propose, if it be in two or three weeks, we 
shall have time to send to Governor Craven to stop the Indians coming 
in that may he sent. All which may be considered at your coming. I 
shall add no more but that I sincerely am — 

l*ostscript 

Sir Pray if Capt Maule be alive, give my humble respects to him 
and all your officers. 



[From Pollock's Letter Book.] 



Chowan April 2* 1713. 
Hon* Sir 

Yours of the 15*** of last month with the four barrels powder received ; 
for your Honors speedy care alx>ut which and the assurance you give us 
of more supply if we have occasion, I acknowledge myself extremely 
obliged. . 

I was of the same apprehension with your Honor as to the fatal con- 
sequences that in probability would have followed if Col. Moore's design 
on the Fort had miscarried for want of provision, ammunition or any 
other matter. But (praised l)e Gotl) that fear is now over. For Col 
Mooi-e, by his letter of March 26**" which came to hand but night before 
last, gives me account that they have taken and killed 800 Indians at 
least in the Fort, and of ours 200 hundred white men killo<l and 24 
wounded. 36 of our Indians killed and 58 wounded. He l)elieves it 
was as hard a Imttle as was ever fought against Indians. I have not yet 
the particular account of the action, so can give no further account of it. 



30 COLONIAL RECORDS. 



It hah Mien out, as I coDJt:ctnredy that Col. MooreV ludiaDs, upou 
taking the Fort and getting .some-i^laves, would march, the most part of 
them, home with their booty, so they have now all gone home, only 180 
that stay with him about Neu^ River, where he is now expecting our 
resolutions, and moot generously offers the continuance of his ser\'ice for 
the defence of the country. So I have appointed a meeting of the coun- 
cil the lo*^ of this Instant and expect Col Moore will be with us by that 
time. 

Now in my judgment this blow ought to be vigorously followed, until 
the Indians submit themselves. To do which there is wanted men, pro- 
visions, and ammunition ; sufficiency of neither of which is to be raised 
or had in this government. So that we have no other way but either to 
lie still and wait until we see if the Indians will come in of themselves, 
and make peace with us ; or apply ourselves to our neighboring Govern- 
ments for succor, that Is to your Honor and the government of South 
Carolina. Now if we apply ourselves to the government of South Caro- 
lina for more Indians, we could not expect them here before August at 
soonest : which tis true would be a good time to destroy our enemy^s com ; 
but then if we should not be able to supply them. For most people here 
having scarcely com to last them until wheat time, must live upon it, and 
so can spare little, and many not having any at all. 

Now if we apply ourselves to your Honor, there could not be less than 
two or three hundred white men and one hundred Indians wanting to 
join Col. Moore's forces, to make them of sufficient strength to pursue 
the victorv with effect, and to take their forts, if thev have anv more, 
(but I am of opinion they will not trast any more to their forts); and if 
the money raised should be sufficient to pay them, which I l)elieve it 
would not, unless for a very short time; then where shall the provnsions 
and ammunition be had ? 

And if we should lie still and expect them coming in to see us for 
peace, and not follow now upon them after this victory, they may take 
courage to injure us as much as ever; or get help of the Five Nations, or 
of some other Indians, to the lengthening out the war to the ruin of this 

Country so that I see Scvllas and CharvlKles on Everv side. 

. ... 

All the public provision now in the government being (Hit 800 biLshels 
com 32 barrels meat, which was to be carrie<l round to Neuse last week, 
and may Ije there might be 3 or 400 bushels com with great seardi and 
endeavor more got, which would not lie near sufficient to maintain such 
a number of forces as would be necessary- to reclui^ the Enemv Indian 
to submit themselves. 



COLONIAL RECORDS. 31 



Hon* sir I have laid the true state of this government before you to 
the best of ray knowledge and capacity ; and knowing myself to be of 
weak judgement and without experience in matters of so great moment, 
would therefore humbly beg the favor (by the bearer) of your Honor's 
best advice in this juncture. 

The Matamuskeet Indians have killed and carried away alx)ut twenty 
persons at Roanoke Island and at Croatan, and two Tuscaroras have 
killed a man upon this shore, about twelve miles distant from where I 
live 



[From Calendar op Virginia State Papers. Vol. 1. p. 164.] 



r March* 1713 

To Coll : Pollock- 



s' 

Last night, I rec* by Charleton yo" of the 2"* instant w*** gives occa- 
sion to rejoice with you upon y* good news of y* succeff of yr Forces — 
I very readily agree with you that the pursuing this blow is the surest 
way to put an end to the war, but the difficulties in the execution thereof, 
w*** you have justly stated are too great, to be surmounted by the Reso- 
lutions of two or three persons, how zealous soever they may be — 
Where other means are uncertain, it is prudent to make ye best ufe of 
such as are in ones' own power — You have already experienced how 
ruinous the continuance of this war hath proved to y' Country & there 
is little hopes of bettering yr : Condition, by the prosecution of it under 
the unhappy circumstances you now labour : Wherefore, I -think if an 
honorable peace can be obtained while the terror of the late severe Con- 
nection is fresh in y* minds of y' Enemy s, it would prove ye best Expe- 
dient to free you from yr: troubles, and in all prol)ability to quiet the 
Tuscoruroes for a long time, at least while the memory of the lofles they 
have sustained remains among them. ' To this purpose it may be proper 
to talk high to Blunt, as if you expected not only a Reinforce"*' from S* 
Carolina, but that Virginia also was moving to yr : aff istance. This will 
be the more duely credited by him, because upon advice that a Body of 
the Northern Indians have lately crofled our Frontiers, and are gone 
towards Morattuck, in all probability to ye assistance of ye Tuscororoes, 



*The date should be April, 1713. See dale of preceding letter, to which it is ao 
answer. — Ed. 



r 



y 



32 COLONIAL RECORDS. 



I have ordered all our Rangers w®*" compose a Body of near 1 50 men, to 
march that way, and tis very like, some of the Tiiscx>roroes that have 
fled from y' Forces may fall into their hands — Tt may likewifc be proper 
to let Blunt know that you are so well satisfied with his Conduct, and 
es|>ecially in delivering up to you, the two persons who committed the 
late munler, that you are willing to conclude a peace with him and all 
other Indians of the Tufcaroro and Masammaskete nation, that will put 
themselves under his Govern"', and that you will make him King of all 
those Indians under the protection of North Carolina, This pro|K>sal 
will stir up his ambition ; and no doubt oblige him to be faithful to the 
English for the future; and it seems reasonable to believe that the Tus- 
caroroes will now very readily embrace? such an opportunity of making 
their peace. And by this means, you may also engage Blunt to deliver 
to you the greater part of the murderers that are yet alive. You will in 
all appearance, be more secnire by this means of any attempts of those 
Indians, or at Iciilt if they should again begin their old practices, you 
will be l)etter able to provide ag* them in time of Peace, after the Coun- 
try hath had fome Respite from their present Calaniitys. As I have no 
other intention than to contribute to the Relief of yr: province, I shall 
very readily concur with you in thefse or any other measures that may 
be judged proper. And you may aflure Blunt, that upon his concluding 
such a peace, he shall be owned by this Gov* as the Chief of the Tusca- 
rora Nations. This I oifer only as my prefent thoughts, but next week 
I shall have a meeting of the council and then if any thing further can 
be thought of for yr : assistance I shal (communicate it to you by Express. 



[(k)UNciL Journal.] 



North Carolina — fcss 

Att a councill holden at y® house of the Hon**'* Thom' Pollock Esq' 
Chowan on y* 14*** day of April 1 A"" D"* 1713 
Present the Hon*''* Tlio' Pollock Es(f presid* &*' 

r Tho- Bovd ^ 

> Esq" Lds prop*" Dep'^' 



The Hon**'" ^ 



Nath Chevin 

Christo Gale 

t Tobi* Knight J 



COLONIAL llECORDS. 33 



Daniell Richaixlyson Es(|' Preseiit<i(l to tliLs boiiril a Comi.ssioii IVoiu his 
Excellcy y* most noble Henry Dnke of Bejinfort Pallatine and y* rest of 
y* true and absolute I^**" prop*" of Carolina thereby appointing him to be 
Receiv' Gen" of this part of y* province of Carolina and also Instruc- 
tions therc»on which said Comission and Instructions was read allowed of 
and ordered to be Recorded and then y" said Daniell Richanlson tooke 
and subscrilxxl y* several oathes by Law apj)ointed to be taken for his 
quaUification and thereupon was admitted ai^ronlingly — 

It is Ordered by this Board that from hen(^»forwartl noe Lnids l)e sur- 
veyed within a mile of either side of Manittock river and if any Land 
are already SurveyM Within y* Bounds afs** It is Ordered that noe Grants 
or patt^nts be passed for y* Same until 1 farther Order of this Board — 

fForasmuch as it has been represented t(^ this Boanl that divers per- 
sons in this Governm' and especially in y* County of Bath Doe under 
pretense of purchase hold large tracts of I^and not haveing paid or 
Secured the purchase money to y* L**' prop*" nor haveing any other title 
thereto then a bare Entry and Survey to y* great Loss and prejucdice of 
y* U* prop*" and also to y* hindranc« of y® Good Settlem' of the Gov- 
ernm' and this Board haveing taken y" Same into their Consideration. 

It is hereby Ordered that noe |)erson that Doe pretend any title to any 
Land within this Governm* upon purchase as afs** that shall not pay or 
Secure to be paid unto to y® Receiv' Cien" for y* tyme lx;ing the purchase 
money due therefore on or before the 25"* day of Decemlxir next all such 
Lands shall be ffree and Cleare for any jierson to enter on and take up 
as if the same had never been entered or Surveyed Ixifore and all jKirsons 
that shall from henceforward Survey any IjjuuIs on pretence of purchase 
and shall not pay or Secure to be paid y' punJiase money therefore to y* 
Receiver Gen" as afs* within six monthes after such a Survey the same 
shall be also ffree and Cleare for any other |>erson to enter upon as if y* 
same had never been Surveyed before. 

Dan" Richardson Rscj' Receiver Gen" haveing represented to this 
Board that by his Instructions y" L** prop*" Doe rajuire that y' pur- 
chase money of Lands hereafter to be Sold as also y* Chiefe Rents re- 
surved thereon shall be paid in Sterl money of Great Brittiane on y* 
true Valine thereof which cannot by any meanes be stric*tly Com ply 'd 
with in this Country and y* said Dan" Richardson being also directed in 
his said Instructions to take y" advi(^ of all matters therein Conteyned 
of y* Presid* & Councill Did apply himselfe to this Board for advice 
herein And this Board haveing Considered thereujH)n and ( 'ompared y* 
afs** Instructions w'** y* Instructions lately sent upon that head to y* late 
5 



34 COLONIAL RECORDS. 



Gov' Hyde dec'** are of oppinioii that y'' said Dan" RichardHon may for 
any Tyme within Seaven yeares from y* Date of y® said Gov' Hyde's 
Instructions agree for & Contract w*** any person for Lands at y® rate of 
Twenty pounds *^ thousand acres to be paid in any Good & Merchanta- 
ble Coinmoditys of this country at y* rated price And it is further y® 
oppinion of this Board that Rice well dress** and Cleaned at y" rate of 
Seavent^»en shillings & Six pence *^ hund'* w"** is y* true valine of Sterl 
mouev. 

Forasmuch as Divers persons were Imploy'd in receiving of Quit 
Rents in this Governm* by y* late Gov' Hyde Dec'd and have not Yet 
Rendered any acco* thereof to this Board 

It is hereby Ordered that all such receivers as afs* within the County 
of Alberraarle Doe render a true & Just account of their preoeedings 
therein unto Dan" Richardson Esq' the present Receiver Gen" within 
one month after y* Date hereof and all Such persons who have been 
Imploy'd as afs** in y" County of Bath Doe rend' Accoimt thereof to y* 
said Daniell Richardson within Two month after y* Date hereof as they 
will Answare y® Contrary at their perrills 

DanieU Richardson Esq' the Lds Prop*" Receiver Gen" haveing 
requested this oppion of this Board whether it be practicable or possible 
for him to pay the Severall Officers Sallary at quarterly paym* persuant 
to a paragraph of his Instruction for that purj)ose. ^ 

It is the oppinion of this Board tliat y* same Cannot be Comply'd 
with and it is sufficient if paym* thereof be made once in every Yeare 

Whereas it dos appear to this Board that there was Twenty Guns 
Impres'd from M' Tho" Peterson by Order of the late Gov' Hyde for y* 
Service of y* publick and they not being returned againc 

It is Order* by this Board that y* provost Marsh" or his Deputy Doe 
make dilligent Enquiry & Search for y* Said Gunns and Gatlier them 
together and deliver them to y* Said Tho' Peterson as Soon as possibly 
he Cann — 

Whereas Daniell Richardson Es(|' Receiver Gen" is Directed in his 
Instructions to pay unto y* Chiefe Justice of this Province the Sume of 
Sixty poiuids "^ Annum for his support in y* Said Office And Maj' 
Christo Gale Esq' haveing Executed that Office from y* first of July last 
and still Continues in y* Same therefore it is the oppinion of this Board 
that y* Said Sallary Doe of right Ixilong and Ought to be paid to y* Said 
Maj' Christo Gale from y* afs** fi i*st of July hist untill he shall bo Suj)er- 
seaded in that Offi(»e 

Whereas the I^ds prop*" Doe Strictly recpiire that an exact Rent Roll 
be forthw**" taken as well to satisfy their Lds prop*" What I.iaud are dis- 



COLONIAL RECORDS. 35 



posed off as also to enable the Receiv'^ Gen" to demand & rccieve y* rents 
Due therein and for the more expedition therein 

It is Ordered by this Board that y* Several persons hereafter named 
l)e Impowered to take an exact aee^ upon Oath of all jx^rsons how much 
Land they hold in this Governm' by Survey or patt<^nt how long they 
have held th(» Same and w* rent is is Due thereon (Viz') in y* prec^'net of 
Chowan G(M)rge Smyth ffra Parrott Ijenard Lofflin Jn° Jordan & Tho' 
Perterson Es([" 

In y* precinct of perquimons Maj' James Coles & Cap* Jno Hcckle- 
feild— 

In Pascpiotank precinct Dan" Richardson Es(i' M' Jno Palin Tho' Miller 
and Cap* I^idford, In Corratuck precinct IVP Ja" Wicker and Cap* Rich- 
ard Sanderson Jun'. In the fV^unty of Bath Cap' Jno Drink water Jno 
Jordan ffarnfold Gn»cn & Richard Graves and all persons within their 
Sc^veral precinct.^ wlioo doe not appear before Some one of y* persons 
alx>ve name<l and give in an Exact account upon Oath as above s** of all 
Such I^ands as thev hold liow they liold v" Same and how lon<r thev 
have Soe held And w* Rents are Due thereon without any Conceal m* on 
or Ix'fore the last day of October next Such Lands shall be iTroo and 
Clear for any person to Enter upon and tak(» up as if y* Sanu* had never 
Ikhmi Ent(M*(Hl Surveyed or pattented l)eforc» 

Mary Burke adm' of y* GfKxls & Chatles of Richard Burke Dec'd 
came Iwfore this Board and acknowledged that to her Certaine knowl- 
edge the said Richard Burke in his life tyme did receive of and from 
James Curlee Sen' the Sume of Ten pounds Ten Shillings on y* ace* of 
y* Hon**'* Tho" Pollock Esq' which money was in Consideration of a 
plantation Sold by y* Said Richard Burke to Tho" Jones of Verg* Shoe- 
maker — 

It is onlere<l by this Boanl that for the future any Indyans Shall lx» sent 
into y* Hon**** ])re^sd* for any Crimes or misdemeanors the said presid* is 
hereby fully Impowered to Inflict Such Imediate punishment on them 
as he shall think y* Crime re(|uires ,,1- ti< might or Could Ix done if the 
Councill were there present 

A power of Atto^ from Tho" Jones of Eliza Citty County <»f Verg* 
to the Hon"* Polhxjk Escj' fformerly prove l)ef(»re the Ilon^** William 
Glover Es(|' was presenteil to this Board by y" afs** Thomas Polloc*k Es(|' 
& Onlered to l)e rtvorded 

THO POLLOCK 
THO- BOYD 
C GALE N CHEVIN 

T KNIGHT 



36 COLONIAL RECORDS. 



[B. P. R. O. B. T. Virginia. Vol. 68.] 



JOURNAL VA COUNCIL. 

16 April 1713. 

The Governor having this day communicated to the Council a letter 
from the President of North Carolina giving an accoimt that the Forces 
under the command of Colonel Moore had lately taken the Fort of Na- 
hardakha, and therein killed and made prisoners of upwards of 800 of 
the Tuscaruro Nation and that upon the said President of Carolina rep- 
resenting the inability of that Government to prosecute their late success, 
by reason of the de|>arture of the greatest part of the South Carolina 
Indians The discouragement given their Inhabitants by the loss of 
many of their men in the attack of the Fort and the utter impossibility 
of supplying with provisions any Foives that might be sent from hence, 
he had advised the said President to make peace with the Tuscaruro In- 
dians while their late defeat wa.s fresh in their memorys and for that 
purpose to make use. of Tom* Blunt Chief of those Towns who have hith- 
erto adhered to the English making him an offer in consideration of his 
Fidelity of the sole rule of the Tuscaruro Nation under the protection of 
the Government of North Carolina and to receive as friends all of that 
nation that shall submit to him as their Ruler as the most probable way 
to secure his oliedience and establish a lasting peace with those Indians 
and to extricate that Province out of the Calamity s of a war which they 
are not able any longer to carr}' on. And thereupon asking the advice 
of the Council whether it be probable that any further supplys can be 
obtained from the Assembly of this Colony for enabling the Province of 
Carolina to prosecute the War or whether in the present scituation of 
affairs it l)e advisable for them to conclude a peace. The Council are 
unanimously of Opinion that it is not probable the Assembly of this 
Colony will be prevailed on to give any fresh supplys towards the assist- 
ance of Carolina considering the present poverty of this Country and that 
the affairs of that Province appear to l)e much bettered by the destruction 
of so great a numl)er of their Enemys and as it is not to be doubted but 
that the Indians discouraged with their late losses will readily embrace any 
Terms of pea(»e that shall be offered them. It is most advisable for the 
Government of North Carolina imediately to treat with the Indians upon 
the Terms proposed by the Governor which aj)pear to be such as will 
render that peace lasting and honounible and bring greater security to 
that and her Majesties neigh Bouring Colonys than can be exjxicted l)v 
carrying on a tedious War the event of which is uncertain. 



COLONIAL RECORDS. 37 



[From Pollock's Letter Book.] 



April 21" 1713 
May it please your Excellency 

Since my last of March the 6"* C/ol. M(K)re with the forces under him, 
have taken and killed 800 at least in the Tuscarora Fort and it seems, 
hath had as hard an engagement as ever was amongst Indians, since the 
settling of the English. We have killed and wounded in this expinlition 
1()5, whites and Indians. 



[Prom the MiSS. Records of the Friends Monthly Meetings in Pasquotank 

Precinct.] 



At a Monthly Meeting Held in Pasquotank at Sy mouses Creek the 
17^ 4^ Month 1713. This Meeting Considering the Gross and Vile 
Aspersions That Thomas Robinson hath S]>rcad abroad against Mathew 
Prit<thard tending to Defame the Truth and make Friends (xlious appoint 
James Davis & Zacheriah Nixon to s])eak t4) him t4) lye at the next 
Monthly Meeting. 

Also the Meeting's judgment is that all Friends that do suffer on 
Tnith Ac* Either for not l)earing arms or Rc»fusing to pay Parish levies 
t4)war<ls the support of the Churches so «ille<l do keep a true ac* of the 
sum they suffer & the day distress is made and Render the same to either 
John Symons or Joseph Gloster Also the queries were read and answered 
to, and Friends Desire is that all Friends be careful to keep work day 
meeting. Also Friends ap]K)int John Morris & Henry White to repre- 
sent the stat-e of this meeting to the Quarterly Meeting. 



[From Pollock's Letter Book.] 



Chowan April 2r)«» 1713 
Hon* Sir 

Tour's of April the 7"^ rec^Mved, an am altogether of your opinion, 

that seeing wee are not able to carry on the war, it is l)est to make an 

honorable peat*e, if we win, whilst the smart of this blow is fresh in 

their minds : in order to which Tom Blount coming in here to the Conn- 



38 COLONIAL RECX3RDS. 



oil, we have come unto some agreoracnt« with liim The chief whereof it 
that for his faithfuhiess and good service done to us, we will make and 
acknowledge him King and Commander in Chief all the Indians on the 
south side of Pamptico River tmder prote<!tion of this government; and 
that we will make a finn and lasting peace with him and all the Indians 
that ac^knowledge him as sachem ; he l)eing to deliver to us twenty of 
the Chief wntrivers of the taking the Baron [and] Mr Lawson, and of 
Carrying on the massacre, whom we name to him ; and to deliver up all 
the (»aptives, horses, arms, gomls, and cattle taken from the inhabitants, 
and to pursue, kill, and take, as Encmi(».s, the (»atchneys, matamuskeet«, 
and all other Indians, Enemies to the English ; and to deliver up to us 
any of his Indians that we can make apj)ear hath had any hand in tlie 
massacre. These are the substance of tlie chief articles. For secniritv 
of his performance of which he is the 10^ or 11*** of next month to ho 
in at the assembly two hostages from each town that is left. 

Tom Blount informs me that most of the other Indians that were not 
in Wahasuke Foit, that was taken were got into an other Fort called 
Cohunke, who upcm hearing of the taking of Nahasuke Fort all sc«it- 
tered, and left their fort, most of them going up Moratock River. 
And likewise he informs me that Conaguanee, the Sachem that went 
with three of Tom Blouut's Indians to the Commissioners at al ban v, and 
procured the letter to this Government, (a Copy whereof I sent U) your 
Honor) had come to his town with aI)out ninety or a hundred of his 
Indians, and pursuaded him all he (^uld against the English ; telling 
him that they only amused him with fair words to keep him from doing 
them mischief, but when they had destroyed the rest of his nations, he 
might be sure to be destroyed likewise : but if he would take his advice 
he would settle him out of danger of the English. But Tom Blount 
says he would not hear him, but desired him to leave them to themselves, 
and mind his own concerns Now if Tom Blount come in and make a 
peace and do as he promises, we shall have only Matamuskeets, Catech- 
neys, and Coras to deal with, who albeit they may give us a great deal 
of trouble yet am in hopes, if Col. Moore continues with us with his 
Indians, they may be brought under in a short time. But if he do not 
come in and we are forced to go vigorously on with the war, we shall Ix? 
in great want, I doubt of provision and ammunition ; for albeit we shall 
not have occasion of many white men, the Enemies being to he pursued 
only in the woods and swamj)s, where Indians are the best we shall have 
(Kxaision of more Indians who must have provision and ammunition. I 
shall do my uttermost Endeavor for proi^uriug all for them I can, and 
hope if it will fall out so tliat we shall want your Honor will assist us. 



\ 



CX)LONIAL RECOUDS. 31) 



As for a i)articular account of the seige and attack of the Fort, I leave 
it to the bearer Capt Maiile, wlio wiis pei>K)nally present, only that all 
our peoi)le Ixihaved themselves extmordinary well, and far otherwise 
than Col. Barnwell representeil them last year, and more indeeil than 
could be expected from inexperienced men. 

As for Col Moore his indefatigabhtncss in enduring the greatest fatigues, 
his conduct and courage at the seige and attacks were extraordinary, all 
which good qualities are set of with so much nicHlesty that makes them 
more resplendent, and rendei*s him an extmordinary man. 

If any news of importance, be very acceptible, and add to the many 
obligations received by Hon** Sir 

Your most ol)edient 

humble Servant 

THOMAS POLLOCK 

Sent by Capt Maule and John Lovicke 



[From Pollock's Letter Book.] 



April 30»»» 1713. 
Hon** Sir 

Your of April 27"* by your messenger rei^eived. And as for Tom 
Blount, he was in with us at our last Council, and we are come to such 
article of agreciment with him as your Honor propbsixl in your's of April 
7*** and he is to meet us the 10"* or 11"* of the next month at the assem- 
bly fully to conclude the i)eace, of which by mine to you of the 25"* 
instant (by Capt Maule and John Ijovick) have given your Honor a par- 
ticular account. Since mine of the 25"* there hath nothing of moment 
hap]>ened here, until the very moment liefore your messenger arrived, I 
had informations that the Matamuskeets (having I believe some of the 
Cores and Catet^hnee Indians joined with them) Ixjing in numlx^r about 
50 had fallen on the inhabitants of AUigjitor River, and, as they cxmjec- 
tured had kille<1 and taken lf> or 20 of the Inhabitants the rest having 
escajied. Col Moore had sent onlers to have one have one hundreil of 
his Indians to come and Clear the woods alx)ut Matamuskeet ; but but 
believe they are not yet come: and I have sent out orders to the adjoin- 
ing military officers, to raise what. men they «ui, and march after these 
Indians with all expeilition ; but fear it may bi» to no purpose, they hav- 
ing advantage (»f such dismal swamps to fly into. And unless our aux- 



4 



40 COIX)NIAL RECORDS. 



iliarv Indians can drive tliem out of these Hwamps I can think of no 
Ixitter way, than of setting a garrison some where near tlieir chiefest 
range, who may hinder their making of corn, and make some discovery 
where they keep their wives and chiklren, which may be a means to make 
them remove. 

As^ for the present state affairs here, I have not failed to give your 
Honor a jiarticular account of all material passages since my administra- 
tion ; but shall briefly run over some few things. 

Our own divisions (chiefly occasioned by the (Quakers and some other 
evil disposetl persons) hath l>een the cause of all our troubles. For the 
Indians, being informed by some of the traders, that the j)eople that lived 
here were only a few vagabond persons, that had run away out of other 
governments, and had settled hear of their own head, without any au- 
thority, so that, if they cut them off, there would be none to help them, 
this, with the seeing our own differences rise to such a height that we 
(consisting of only counties) were in amies each against the other, 
encouraged them to fall uj>on the county of Bath not expettting they 
would have any assistance from this county, or any other English plan- 
tations. This is the chief cause that moved the Indians to rise up against 
us, so far as I can understand. 

And as the Quakers with their adherents have l)een a great occasion to the 
rise of the war, so they with two or three persons more (not in such post 
of profit and trust in the government as they desired) have been the chief 
cause that the war hath not been carried on with that vigour it ought, by 
their disobediance to fhe government encouraging other to disolxjy, and 
in severall precints, they, Ixjing the mast numerous in the election fields, 
choose such numl)ers of assembly as opj>ose<l chiefly what was necessary 
for carrying on the war. So that the generalty of the people, seeing that 
the Quakers^oj* their disobedien(»e and opjKKsition to the government rise 
actually in arms and had attacked the government and council had 
escaped without any manner of punishment, were emlx)ldend to do the 
like; and seemed to want only one to head them to carry on another 
insurrection. 

As for ability in mrrying on the war: it is so little that we. must, if 
possibly we (an upon honorable terms, conclude a i>ea(«, the country be- 
ing more in debt than I doubt they will he able to pay this ten or twelve 
yejirs, our public bills not passable, and little or no provisions to be 
raised in the Government to maintain any forces out against the enemy. 

At the breaking up of the assembly, shall give your Honor an account 
of what ^inclusions we come to with Tom Blount, and all other material 



COLONIAL RECORDS. 41 



passages hen.*, ami iiiteiul then to send the Lords Pix>prieturs a clear view 
of the state of their c»ountry so far as T can ; and I shall not be unmind- 
ful to give them a full representation of your grejit and hearty endeav- 
ours for the gcHxl of this jKK)r pe<:)ple and safety of their country. And, 
I hope, when you write home c»oncerning this government, you will do 
me the justice to represent that I have not l)een neglet'tful in doing what 
j)ossibly (x>uld for the safety of this i)lace 

I am 



[(JouNciL Journal.] 



North Carolina — ss 

Att a crouncill holden at y* house of Cap' Thos I^^ in Chowan on y* 
S"^ day of May A»° D^ 1 713 

Present The Hon"' Co" Tho' PolkK'k Esci' Presid' &c 



r Tho" Boyd 



The Hon- J ciJ^Le \ ''-l" ^^''^ P^P^ ^X,)- 

[t Knight J ^ 

Daniell Richardson Escj' The I^s ])rop'" Receiver Gen" moveing to 
this Boanl for Advice Coucerneing Lands formerly purchased and not 
yett pattentcd by reason of the troubles and Confusions this Country 
has long since layne und' It is y* Op])inion of this board that Whereas 
Severall persons have taken up and Surveyed I^ands acconling to y* usu- 
all maner after y* rate of ten pounds '^ thousand acres Ijefore the arivall 
of y* Ijds prop*" Instructions Signifying that noe mon* Jjands should be 
sold at that rate It is farther oppinion of this Board that y* Said Dan- 
iell Richardson may receive of all such persons Whose Surveys are 
returned upon purchase before an order of Council 1 Dated y* 27"" Day of 
March 1711 persuant to their lidsps Instructions for that purjK)se after 
the rate of ten pounds for every thousand acres and that upon pr(Kluc?e- 
ing the s* Richardson rec' or Certiffiiate for y* same or y* ret;' or Certiffi(«te 
of v* Re(«iver Gen" for y* tyme being as also for y* arrearage^ y* C^uit 
Rents Due thereon from the Date of y* Siu-vey at y* rate Six pence ^ 
hundre<l a(T(»s Pattcnts may & ought to be made out & GranUxl for y* 
Same 

Whereas Daniell Richardson P]sq^ is Directetl in his Instructions to 
pay unto y* Atto'^ Gen" of this Province y* Sume of ffoity poiuids ^ 




42 COLONIAL RP:COHr)S. 



Ann* for his suj>j>ort in y* ^Siiid Offitv out of their Ii<ls])s Ilevonues and 
Eilwanl It)nwieke Escj' havoing Exw»ute<l that Oftico from y* first day 
of Juno hist past and Still Continues in y* Siune therefore It is y' oppin- 
iun of this I^Kinl that y* Stiid Stillery of fforty pounds ^ Ann° Doe 
of rijrht Mong and ouglit to l»e piid to y* Sjiid VaIw^ IJonwieke frtwu y* 
afs** first day of June untill he shall Ik» su[HTsiiMkHl in that Ottiee. 

U|)on motion of Th(»' RoU^rtson hv VaUv'^ Mosi^ley his A tto"-^ ag' Ste- 
phen Si^>tt Showing that y* Said S<'ott had Ikvu lH)und to him y* Said 
Robertson as an apprentiiv to Serve him for iive year(*s to h»arne y* trade 
and mistery of a Car|H»nter iS: honsi* tloiner & that y* s:iid Si'ott has 
absentwl himselfe from his said ma^tei-s s<'rvi(v and his In(h*ntures are 
lost either hv v* siiid S'ott or (►ther\vis<» and v' matter U'inir duelv lieiinl 

• • • • • 

on lH>th sides And there apjH^aringto this l)oard that there was Indenturt^s 
Drawn lK»tween them hv whieh v* siiid S4n>tt was l)onnd to v* Said 
Rolx»rtson tor v* spatv of ftive veiii*s as afs** 

It is Onlered hv this l^Kird that v* s:iiil SeiJtt (hn* ivturne to his s** 
master againe and tliat tlien* Ik» new liuV* dniwne U^twivn them for y* 
remainder of v* five Yrtires vet to C\>me there l)einir one veiire and two 
months j>ast and that si><'urity W given for y* |KTforman(v theii'of on 
U>th sidts the said RoU'rtson assumeing In'fiire this Hoard that for y* 
futun* he will not InKHh'ratelv cornMl or ahusi* v* s* Scott duivinir v* Said 
Servie(\'i. 

I'jHm Petition of IWnja Prit(»hanl Ixnng Summont^I a«* an Kvidencv 
by Tho* Rol>ertson ag* Stephen S'ott. 

Onlertnl that he U' allowisl for two day> Ctmieing it Two days going 
& two attemlemt* pursuant to an Aet of AssiMuhly for that ])ur|M>si» 

The ht«it will ami Testa"' of Jno Jon<N of Coshoke ( Vtrk (Uh.'** was pn>- 
fluet^l l>efort» and provetl by y'' oiith of John Hinl — who InMUg sworne 
said that he siiw v* s** Jno Jon<s Sii^ue S»ide A* diH*lan» v' sjiine to bt» his 
hf^t Will it Tista"* and als<» that hr liktwis*' suv Tho" Arnold <!t Jno 
Holbrook signe y* siune as evitleiuv. And farther (InMUg Inten>gated 
thereto) Said that the Ix'g'aey of I^uul in y" suM Will mentioniHl to Ih} 
uiven t<» Elizji Lewerton was given bv v* Testatt»r to her and her llevrs 
forever that v* wonl (IIevi\'> tor ever) was bv him luirhn'tetl or foi'iri>tten 
to l)e set down he iK'ing y* jH'r>ou that wrote y* s;ime 

The last will A: Ti'sta™* of Tlu»' J4»nes dtv"* was jmnhK-etl In^fon' this 
]^»anl an<l pn»vt^l bv v* (huh of David Hendeison one of v* witm»sx'> 
theri'to. 

It is Onlereil by this Inuml that Cap' RoU^rt \Vi»st W'" Walston Mar- 
tin (TrifHn and Charles RirU'r or anv x\u\\^ of them U'ini: first sworne 



COLONIAL RPXX^RDS. 43 



thereto Doe appraise y* Estate of Thomas Jones dm*^ aii<l make retiirne 
thereof a('(^)r(lingly. 

It is Oitlerecl by this I^>arcl that Cap' David HeiKl(»rsoii Cap' Kol>ert 
West, Jno Hawkeinps and Rich'* Pickering or any three of them (beinjj 
first sworne thereto) <Ioe appraise y" Estate of John Jonts Dec** and make 
retnrne thei'eof aeeordingly. 

L^pon Petition of Symon Alderson praying letters of Administration 
on y* Estate of Symon Alderson liis Dec*^ father as Ixnng his FAest Sone 

Ordered that y* same l)e granted as pray* 

Upon Petition of y* Hon**'* Riehard Sanderson Esq' showing that M' 
Janice Addams is Dead Withont Will and that he is indebted to yonr 
petition' and therc»fore prays Administration on his Estate as Greatest 
C'reditor 

Ordered that y* same be Granted as pray'd 

Upon Petition of Capt. Riehanl Sanderson Jnn' showing that Bartho 
Wolfe is dea<l witliont will and considerably Indcbte<l to him y* s** San- 
d<»i'son and tlierenpon prays Adm'*°" on his Estate as Gn>atc»st CVeilitor 

Ordertnl that y* Same be Granted as pray'd 

Ordered that M' W™ Barrow ffra Garganns Henry Warren & David 
Perkins or any three of them (l)eing first sworne thereto) doe appraise 
such of y* Estate of Rolxu't ifendall in y* 'County of Bath as Shall l)e 
prest»nted to them & make retnrne theixjof accordingly. 

Evan Lewis Adm^of y* GcxkIs & C.-hattles of George Birkenhead dec^ 
pnxhu^l an a<*count to this Boanl & proved y* sjune by his Oath by 
which it apiH^ari's that he has paid the sun^e of 05£ 18 0/xl more than all 
y* Estate of y* said Birkenhead that ever Came to hands doth amount to 
and therefore prays a qaiefiut e^st which is Granted. 

Upon Petition of the Hon*''*' Rich** Sanderson P]sc|' praying appraisors 
may Ih> appointed to appniist; the Estate* of M' James Adams dw* whereof 
he is Admin is" 

Ordered that W™ I^earv Tho* Taylor tfoster Jarvis and Izarccum 
Parker or any three of them l)eing first sworne thereto d(K» appraise y* 
said E*<tate & make retnrne thercH.)f acx^ordinjrly 

Upon Petition of Cap' Richard Sanderson Jun' ])raying a]>praisoi's 
may U* a])])ointe<l to a])praise y* Estate of Barth<> Wolfe Dlh*^ whenH)f he 



is A dm" 



Orden^l that W™ I^eary John Jones Henry Shwh* and John Jimes 
Jun' or any thn^e of them l)eing fii'st sworne thereto doe a|r|)niisi' y* said 
Estate and make returnes thereof acix)rdintfly 




44 COLONIAL RECORDS. 



Cap* Ridiard Sanderson Jun' prcssented an acxxumt ag' y* Eistateof y* 
Tlon^^^ Edward Hyde Escf DeeM aniountino; to y^ Sumo of £13 03» 00 
and as his petition was admitted to prove y® Snnie by his Oath which he 
did accordingly 

Upon Petition of M" Mary Lefe by and with y* Consent of her hus- 
band Cap' Tho' Lee praying that she may have tlie tnition and keeping 
of her Grandchild Catha Tyler and Infant y* fatlier and mother of it 
l)eing both dead 

It is Ordered l)y this Board that the said M" Mary Lee have y* Guar- 
dianship of y* said Catha Tyler nntill she shall come to the age of twelve 
years 

Upon Petition of Jno Bird praying that ap])raisors may be appointed 
to appraise y* Instates of Peter Avelin and W* Rawleson dec'd of both 
which he is Exec*' 

Ordered that Cap' David Henderson Capt Robert West Tho' West 
and Ri(?hard Pi(!kering or any three of them doe appraise y* said Estates 
IxMug first Sworne thereto before Some magistrate and make returne 
thereof accordingly 

It is Ordered by this Board that y* Hon"* the presid' be Impowered 
of himselfe to negotiate any affair relateing to y* Warr either with Co" 
Moore or any othei*s and to send into Verg* and ord' Soe much of y* 
Money given to this Governm' by them to l>e hiyed out in provissious or 
other nessessarys as he shall think fitt 

THO* POLLOCK 
THO- BOYD 
C GALE W"^ REED 

T KNIGHT 



[From Pollock's Letter Book.] 

Mav 25**^ 1713 
Hon** Sir 

I doubt not you have have had a full and true aa^unt of the glorious 
victorv obtained by your forces under the command of Col. MtH)re over 
our Indian Enemies in killing and taking 800 of them at least in their 
strong Foil, which as it hath dispirited and struck a terror in all of them, 
so I hope it will in a short time bring peace and safty to the people here, 
which will be altogether owing to South Carolina under your Honor's 
govermnent. Col Moore hath l)ravely and gallantly discharged the 



COLONIAL RECORDS. 45 



trust put in him, enduring the greatest fatigue with cheerfulness, thereby 
encouraging liis men, carrying on the sic^e of tlie Fort with great pni- 
dence and discretion, and storming it with great resolution, c^mrage and 
conduct, an<l his moderation and nuxlesty setting a grt^t lusti*e on all his 
other virtues. 

We have concluded a peace with King Blount and all the other Tus- 
caroras that will come in under him, he Ix^ing to deliver up all that we 
(an prove had any hand in the massacn*; a cH)py of which articles have 
sent herewith, enclosed, we weiv induceil to this hy I'cason we were not 
able to raise more provision to maintain the army; and also it was 
thought iKitter to have some of them on the frontiers than to have our 
out plantations lie open to the insults of any of them that should 
escape, or of any other straggling Indians. Wherefore would entreat 
your Honor to put a stop unto your Indians coming in here until we 
see if keep the articlas of j^eace or not. If Blount keep the }>eace, we 
shall have only the Mattamuskei^ts and Core Indians to mind, who of 
late have done us great mischief, having kille<1 and taken of our people 
since my last to you, alK)ut 45 at Croatan Roanoke Island, and alligator 
River, these l)eing al)out 50 or GO men of them got together lK»tween 
Matchepungo River and Roanoke Island which is alxHit 100 miles in 
length and of considerable breadth, all in a manner lakes, quagmires, 
and cane swamps, and is, I believe, one of the greatest deserts in the 
world, where it is almost impossible for white men to follow them. 
They have got likewise boats and lanoes, l)eing expert watermen, wherein 
they can trans[>ort themselves wherc they please. Col. Moore is gone to 
get what Indians are left to go after them, only a tew that stay at Core Sound 
to guard the people there fix)m some few of the Cores that lurk therealxnit ; 
and I have ordered some of our people to go by water to take their boats 
and canoes, to intercept their passage. If they have goixl sucx^ss in this 
expedition. I hope it will end the war. Provision Ixjing very scarce 
here, the assembly thought it fit to have Col. Ma(*Key's sloop hired in 
the country's service, to carry off what slaves the Indians have here, and 
to continue in the countrv's service l)etween South Carolina and here 
until the wars are ended. As for what is owing M' Inborn for his 
sUk)p's hire, 1 have put into the asscndJy, but the provision Ix'ing all 
S|)ent to maintain the army, there is no |>ossibility of a raising his pay 
until next winter, at which time, if he employ an attorney, I qut^stion 
not the assemblv will raise it for him. Col. MacKcv hath l>ehave<l him- 
self extraordinary well hei'e; he with his twenty Yamassee Indians 
defending all Bath County from the insults of our enemies, keeping a 



46 COLONIAL RECORDS. 



watchful eye over Neiise and Pamplico from Col. Barn well's departure 
until Col Moore arrival. As for Col. liarnwell, I can find nothing more 
ineterial to be made appear here against him than what your Honor hath 
account of already : as for what private transactions have l)een carried 
on betwixt him and M' Moseley, they have been kept so in the dark that 
it is next to an impossibility to prove them. 

In answer to your's by M"^ Roach and one from himself I wrote to him, 
that if any person had wronged him, the law was open and he should 
have justice done him impartially; and for what goods of his had been 
impressed for the countrys service, on his putting his claims into the 
assembly I doubted not it would be allowed him; and as to his settling 
here in this government; he being one excepted in the proclamation, if 
he came in and gave bond with sec^urity to answer at the provincial court 
what should be objectetl against him on Her Majesty's behalf, when 
required, that I was willing he should not be called to answer until the 
Lonls Prbprietoi's' pleasure therein were known ; notwithstanding which 
he (x)mcs with his sloop into Neuse River, and there trades for slaves and 
other goods without entering or clearing with the (M)llector, but gets a 
simple man by threatening and drink to enter and clear his Vessel, and 
so is gone without paying the duties imposed on West India goods by 
our law, wfl am informed; so that he acts with the greatest folly imag- 
inable, expecting Your Honor will protect him in whatever he does 
here. 

C/ol Cary is newly arrived from England, and I do not understand 
that he hath brought anything from the Lords Proprietors, only says that 
Brigadier Nicholson is to be here verj' shortly to rejrulate and settle all 
affairs, and I heartily wish he were, not doubting but being a prudent 
and generous man he would take such measures as would prove effectual 
to bring the people under due obedience and to see that the laws were 
l)etter put in Execution, which is practicable now to be done without 
raising a difference and rebellion again amongst ourselves, which might 
prove fatal in this juncture, while the Indian war (continues. 

If your Honor would order Col Moore's stay here with what Indians 
are left, being in all about 120 as I am informed, would l>e of great ser- 
vice to this country, and I hope would be sufficient in short time to end 
the war here, if Blount keep his articles of jKMice, which I am in great 
hopes he will, if your Indians do not come in and force him to fly back 
with the rest of the Tuscaroras, for he now l)eing to he the back-guawl 
of our frontiers, if he go off with the rest, we shall lie oj)en to the insults 
of all of them, and of all other straggling Indians, and by that means 
know no end of the war. 



COLONIAL RECORDS. 47 



Your Honor's extnuinliDary favors to this j)(M)r people are inexprefis- 
ible, and ought to be imprinted in all our minds in indelible (jharaet^rs. 
As for my own jiart, I shall b(* ambitious to find any ways or opjwrt unity 
to acknowledge at least ray gratitude, and to testify that I am in all sin- 
cerity 

Hon'* Sir 

Your Most ol)edient Humble Servant 

TH(JMAS POLLOCK 

Hon* Sir 

C(»l Moore having but about 120 or 130 Indians left so far as I under- 
stand; and if he should think them too few, or that some of them lejive 
him and march home, so that he writes that he writ that he hath oi'casion 
of more Indians, I would entreat your Honor to send them in. For I 
am very desirous that you have the whole Honor of tjuding the war with- 
out the help or assistance of any of other neighl>oring government. 

T. P. 



[Prom Calendar of Virginia State Papers. Vol. 1. p. 166.] 



GOVERNOR SPOTSWOOD TO GOVERNOR POLLOCK ON 

INDIAN POLICY. 

May 1713 
To Coll° Pol look, 

S' 

I have rco* yo" of the 25'** and :MY^ of lall moneth, whereby I jkm'- 
ceive you are fallen into the same UK^isures, I proposed for establishing 
a peace with y* Lxlians^ (mly with this variation, that you insist upon 
higher Terms, than 1 can think prudent at the Juncture*: fur as to the 
delivering up to you 20 of the Cheif contrivers of tlw seizure of the 
Baron & Mr. I^awson, and of carrying on the Miussaere, and thofe to Ix* 
name<l by you, it will be iitt t^) consider how sluK'king this will be to all 
the eonsi<l**' men of that nation, who will without doubt, In^leive that 
they themselves will Ik? the persons ]K)irtte<l at, and nitluT ch(M)st» to haz- 
ard their live.^, by the chancre (»f war, than subnntt to a ceii:ain d(»ath, by 
yielding themselves your prisoners: the insisting likewise on the deliv- 
evy of such of Blunts Indians, as have had anv hand in the Massjicre, 
will make them averfe to this Trc^aty, and iXMider Bhmt, ineaj>able of 
Kxeeuting what engjigements he shall make to you — In my opinion, 




48 COLONIAL RECORDS. 



after .so many liave lxx»n made Captives and destroy M, and that with 
sueh excjuisite tortures (a« I have been told), an Aet of indemnity might 
very well Ix; |)resse<l for the rest — Not that I am pleading for any favour 
as due to those Indians. On the eontrarv, I think all that had anv hand 
in y* Massacre deserve death: But in the present Circumstances of yr: 
Country (of which the Indians are not altogether ignorant) it seems very 
improbable they should submit t4) worse conditions upon a peace, than 
you are able to fonre them to, by airrying on the war: and notwithstand- 
ing Blunt may l)e induced to sign such a Treaty as you propose, yet you 
will Ik) as far as ever from establishing a peace by that means — for the 
experiencre I have had of those very Indians, hath shown me that they 
aix? cosily persuaded to promise any thing, but that there is no depend- 
eiuje upon'their performance, except where they can find in it either their 
interest or their Safety. So that if a p(»ac*e can \ye obtained with the 
delivery of two or three of the Ringleaders in y* Massacre, and thofe 
named by you before the Treaty, the reft will then imagine y"selves out 
of danger, will neither interrupt ye Treaty, nor be like to break y* peace 
afler its conclusion — 

As to the pratitices of the Northern Indians, I have formerly, and now 
again by the man of war, that rarrys M" Hyde given C/oll*' Hunter a 
particular acx:"' thereof, and desirc<l him to use his endeavours for pre- 
vention thereof for the future — The inclosed pr. nd : will informe you 
of the latest & most material pi(H*e of news we have here — 



LB. P. R. O. B. T. Virginia. Vol. 14. p. 19.— Extracts. 1 



LIEUT. GOV. SPOTSWOOD TO LORDS OF TRADE 2 JUNE 

171.3. 

ViU(iiNiA June the 2^ 1713. 
Mv Lords, 

Sinw my hist (lis])atch to your Lonlships of the IP** of February I 

have had little to add to the trouble that gave you relating to the Affairs 
of this Colony, and 1 doubt not your Lor(lshi])s will rectnve with a,^ much 
sjitisfaction as it is to me to write the iia])pi(T prospect of allaii>; in the 
neighbouring Province of North Carolina; tlu^ forces sent thither tiiis 
winter from South Carolina under the command of CoP Moore have 
obtained a considerable advantage over the Tusrarunx^s by the taking 



COLONIAL RECORDS. 49 



the only ini])ortant Fort they had, aiul it and other lieiicouiiterij killed 
and made prisoners upwards of a thousand of that Nation. This blow 
having extremely frighted them, it was nect^ssjiry to improve it by 
engaging them in a Peaee, sintre the Government of Carolina is utterly 
unable to reduce them by prosecuting the war, and by the information I 
have received from the President of that Country of their disj)osition to 
fall into those measures I advised for establishing a Peace, I have reason 
to hope it is now very near, if not altogether cx>ncluded, the project whereof 
your Lordships will find in the Council Journal of the l^^ of April 
herewith sent. 

The making a ]>eac*e with those Indians was the more necessary in 
rq^nl of some late dis(»overys that they have lx?en all along assisted in 
this war by the Sencius and others of the five Nations under the Govern- 
ment of New York : for while the C^irolina Forces were Ix^ieging the 
Tuscaruro Fort, a c»onsiderable body of those northern Indians «ime into 
the Tuscaruro Country, and would have jwrsuaded the neutral Towns to 
join with them in raising that siege; and the sjinie body of Indians meet- 
ing with our Traders as they were going with a cargo of goods of the 
value of £10(X) and upwards to traftique with the western Indians, fell. 
u|>on them and plundered them of all they had, and at the same did 
not disown their bt»ing Mohacks and other Northern Indians, which the 
Traders likewise verv well knew to Ix? true, and was further confirmed 
by some of our Tributary Indians who going out upon the news of this 
Robbery mett with and kille<l severall of them. This brought the rest 
down on our Frontiers, and obliged me to command out all our Rangers 
in search of them, but they were retired 'ere our men could come iip with 
them, and so escai>ed with their lK)oty. 

^ ^ *n ^ T* T* ^ ^ T" 

A. SP()TSW(K)D. 



y 



[From Pollck:k8 Letter Book.] 



CiioAN JuneH*'^ 1718 
Hon'* Sir 

We have (concluded now a peace with Tom Blount; a cojn' of the 

articles have herewith enclosed. What trust may l)e put in this peace I 

know not, only am in hoi>es the smart of this severe blow that they 

have had, with the fear they have of South Carolina Indians, may in- 

<luce them to keep it for some time, at least until we are more able to 

7 



50 COLONIAL RECORDS. 



withstand it. To observe what measures Tom Blount takes, and to 
be guard to from the Soutli Carolina Indians if they should again attac^k 
him have sent out a brother of Col. Tom Moore's and one IVP Charles 
Glover, who went from hence with him the 2^ of this instant, with Tom 
Blount's wife and two of his children and his sisters son ; whom our 
Indians had taken, and I sent and had redeemed from them. 

An Assembly having adjusted what ])ublic claims were put in, and 
enacted the making more public bills to the value of eight thousand 
pounds to pay them and make all our public bills passable for all debts 
for rated (xjmmodities of the country, were adjourned until August next. 

Col. Moore, immediately after the breaking up of the assembly, went 
to pamplico, in order to get his Indians together who have been ranging 
all over the Tuscarora Country, to make a decent on the Matamuskeets, 
who have done us great mischief. And some of our people are gone 
after them by water. If it please God to give them good success in this 
Expedition, and Tom Blount keep his articles of peace, I hope it will go 
near to end the war. But I believe it will be nec^essary to keep what 
South Carolina Indians are here until next fall [at] least, for fear of some 
eruption, and until matters are better settled: only we are much strait- 
ened for want of provisions, there not Ixiing sufficient left to sup])ly Col. 
Moore's forces this expedition. I have sent to see what can he raised, 
Tbut I believe it will l)e very little. If we should want I hope your 
Honor will assist us with some. I believe fifteen or twenty thousand 
weight of biscuit may go near to supply two hundred men until our corn 
come, as for wheat, there is such a scarcity of corn here, that the people 
will be forced to spend most of it themselves. 



[B. P. R. O. B. T. Proprieties. Vol. 'SO. p. 386.] 

June 18^»» 17i;3. 

To the Right Hon"' the Earl of Dartmouth. 
My I^rd, 

Charles Eden Esq'* having l)een reconuncnde<l to Her Majesty by the 
Lords Proprietors of Carolina to be Gov' of North Carolina, and Her 
Majesty having been pleased by Her Order in Councill of the 18^ of 
May 1713, to declare Her Allowance <t Approbation of the said Charles 
Eden to Ik? Governor of the siiid Province accordingly, Provided he 
give g(K)d and sufficient security, that he duly observe the A(*ts relating 



COLONIAL RECORDS. 



51 



to Trade and Navigation, And We having received a Certificate from 
Her Majesty's Remenibranc^j OfMee, that the said Cha : Eden has pur- 
suant to Her Majesty's Order in Couneill, given the usual Security of 
1000£ for his due Observance of the said Acts, do take this oausion to 
acc]uaint Your Lordships the inclosed Draught of Instructions for Her 
Majesty's Royal Signature, to the foreiuentioned Ijords Proprietors of 
Carolina, rtJating to the Acts of Trade, l)eing to the like EflTect as those 
that have l)een given to them, & to all other Proprietors of Plantations 
on the like 0(x*aaion. We are 

Mv Lord 

Your Lordships 
Most OI)edient and 
Most humble Servants, 

PHIL: MEADOWS. 
ROB* MONCKTON. 
FRANCIS GWYN. 
Whitehall THO: FOLEY. 

June W 1713. T. HYNDE COTTON. 

Mem* The Instructions men'* in this 
lietter, are the same as those for 
M' Hyde, Entred folio : 337, P:x- 
cept the Additional Clause & the 
two Clauses of an Act, Entred 
folio: 367, w"*" having relation 
onlv to the time of the late War, 
were left out in those to M' 
Eden. 



[Council Journal. J 



North Carolina — ss 

Att a council! holden at y* house of y* Hon**'* Tho' Pollock Esq' in 
Chowan on y* 20"» dav of June Anno D"* 1713 

Present 
The Hon^** Tho' PoUoc^k Esq' Presid* &c 



r Tho- I%d ^ 
(^ T. Kniglit J 



52 COLONIAL RECORDS. 



Tlie Hon"' the presiilent haveiiig rej)ortetl to this Board that King 
Blount hath brought and delivere<I up to him Plight of our Enemy 
Indyans men and farther signifying his Intentions of sending a Vessell 
to y* Wet Indyas and that he is willing to buy y* said Indyans in order 
to send them oft* in his said Vessell and be accountable to y* publiek for 
y* Same 

Whereupon It is Ordered and agreed by .this Board that the Hon"* 
Presid' have and take v* Said Eitjht Indvan men to his owne use he 
paying & allowing to y* publit^k y* Suine of ten pounds "^ Indyan with 
which he sayth he is Content 

C GALE THO- POLLOCK 

T. KNIGHT THOS BOYD 

N. CHEVIN 



[From Pollock's Letter Book.] 



Chowan June 25 1713 
Hon* Sir 

Yours of the 3* instant is now before me, and must needs sincerely 

a(*knowledge that our lives; libc^rties, and estates are in a manner wholly 

owing to your goodness and generosity, and I wish before you had sent 

out the last forces you had received mine by Col Mackey, who I believe, 

is gone in his sloop for Charles Town For since Capt Moore went from 

hence, the Tuscarora Indians in that other Fort that was not taken, with 

most of the other Tuscaroras, as we are informed, are fled northerly, only 

Tom Blount, who hath but very few left with him, with whom we have 

concludeil a peiice, the articles of which have sc»nt you in my last by Col 

Mackey, so that we have now only the Matanuiskeet, Core, and Catec»hny 

Indians to deal with, against whom your forces here l:)efore and those 

newly (*omc by water in probability are sufficient; so that your forces 

that are coming in c^n expi»ct no advantage to themselves by slaves, and 

besnies all our corn here in a manner is quite .s[)ent, so that most people 

will l)e forcwl to spend wiiat wheat they make, and it will l)e so much as 

possibly can l)e <lono here to supply the forces here already. For which 

rwisons inniiediately on rweipt of ybui's, scut to Col. Moore to send and 

stop them if possible fixmi (UMuing. For tiieir coming in now might l)e, 

I fear, much to our damage, and no advantage to them, for since if they 

come in tluT will 1k» forct» to come and live amonirst the inhabitants. 



COLONIAL RECORDS. 



51 



to Trade and Navigation, And We having received a Certificate from 
Her Majesty's Remembrance Officre, that the said Cha : Elden has pur- 
suant to Her Majesty's Order in Councill, given the usual Set^urity of 
1000£ for his due Observance of the said Acts, do take this occasion to 
acquaint Your Ix)rdships the inclosed Draught of Instructions for Her 
Majesty's Royal Signature, to the forementioneil Ix)rds Proprietors of 
Carolina, relating to the Acts of Trade, lx»ing to the like EflFect as those 
that have been given to them, & to all other Proprietors of Plantations 
on the like Oi-casion. We are 

Mv Lord 

Your Lordships 
Most Obedient and 
Most humble Servants, 

PHIL: MEADOWS. 
ROB' MONCKTON. 
FRANCIS GWYN. 
Whitehall THO: FOLEY. 

June 18'»» 1713. T. HYNDE COTTON. 

Mem* The Instructions men* in this 
Ijetter, are the same as those for 
M' Hyde, Entred folio : 337, Ex- 
cept the Additional Clause & the 
two Clauses of an A(^t, Entred 
folio : 367, w**" having relation 
only to the time of the late War, 
were left out in those to M' 
Eden. 



[Council Journal.] 



North Carolina — ss 

Att a anmcill holden at y* house of y* Hon**'® Tho' PollcK*k Esq' in 

Chowan on v* 2r/'» dav of June Anno D"* 1713 

Present 

The Hon*"* Tho' Pollo<»k Esq' Presi<P &c 

r Tho" Boyd ] 
Nath Chevin I tt. , t i _ t-... tr 



The Hon»»'« 



Christo Gale (' "^^ ^^^P^ ^"P* 
T. Knight J 




64 COLONIAL RECX)RDS. 



have writ to me in Mr. Urinstones packet which he received by Capt" 
Harvey of the Royal notwithstanding his silence in the matter I need 
not use repetition in describing the miseries of the Government was 
lately exposed to I need only say that we seem not to enjoy peace, tho' 
some mischiefs are done by scattered Indians in the remote part« of the 
colony, all due care is taken by CoP Pollock our president to suppress 
them, and wherever they are taken they are destroyed. So that I pre- 
sume in a little time the country may be cleared of these savages. King 
Blount (as they term him) has obliged himself to clear the West Shore 
of Chowan River which he seems to be indefatigable in the Country is 
miserably }KX)r and there is nothing to be expected from the inhabitants, 
sinc(^ the Ashley River Indians destroycil their stocks for my part I 
never received the value of a Bushel of Corn since I was concerned here, 
but what I gott by weddings — I did not continue in Virginia near two 
months and even that time my want of health obliged me to it." I am 
now at S<[uire Duckonfields on the west shore of the Sound, pressed on 
by Capt" Maul our present Surveyor to stay there some time by reason 
of thv great want there is of me — 1 have had several invitjitions to Vir- 
ginia with great allowanc^es would I accept them as appears by CoP 
Duke's letter to me who is one of the councillors of that colony, but I 
(Jiose rather to slight them for the service I am engaged in I have 
oUiyed the Society's Orders to a punctilio in giving you an account of 
my proceedings half yearly and shall endeavour to do, so during my 
continuance I am melancholy enough that I can have no answer to my 
Bills drawn on M' Htxlges whicJi I c^an't but think is very hard, consid- 
ering I am left destitute in this remote part of the world, you ever ap- 
peared my good friend in London and dare I presume should entreat you 
to solicit him to dispatc*h this drawn on him now as well as the former — I 
can't imagine how he thinks I can subsist, the country allows nothing 
and of consefjuen(« the Society must be my support and I hojK? for the 
future more punctual payments will be made I design (God willing) to 
continue here till I receive an answer to this, and could then wish for a 
place of settled residence. The difficulties I have gone through are 
almost inexpressible and one distemper or another like the Thunder & 
Lightning continually disturbing me. Thank Go<l, I am extremely 
IxJoved by the Inhabitants which is notorious enough and were they in 
any condition I should have their assistiuice I shall never get M' 
Adams' Books from Old Sanders and therefore hope you'll consider me 
by remitting me a parcel in the next Ships that come to Virginia please 
to direct them to meet me at Hampton and care will be taken there to 



COLONIAL RECORDS. 55 



8end them me up. The choice I leiive t^j your Ix^tter Judgment though 
I (!Ould wi.sh for .some of Physick, with lY Cavc\s 2 Vol : of the h'ves 
of the fatliers, and all Colliers Essiiyn and Norris\s works, lY licak.s sin- 
gle Vol : would be of u.se I take all imaginable care to discharg<? the grtut 
trust that's re})osed in me according to conscience I am ashamed to t<;ll 
you of my fare: for the whole year i.s one continued Lent fish being the 
constant attendant on the Table 1 have writ to my good I^)rd of Lon- 
don as I am in duty l)ound and also to M' Hodges I Ix^ of you Sir to 
send those Books and remind M' Hodg(?s if you please to pay Shop 
Bills, for when I want money I send to Virginia to M"" Eilmond Kerney 
Merchant there and he supplys me I shall take no other way of pay- 
ment during my stay here it being the iHiadiest and best. 

I am Sir &c 

GILES RAINSFORD 

Missionary 



/" ri 



The Hon"* I 



^ 



[Council Journal.] 

North Carolina — as 

At a Couucill holden at v« house of v* Hon^*' Co" Tho' Polhx'k Esq' 
in Chowan on ffryday 7*** day of Aug^ Ano D"** 1713 

Present the Hon"' Tho" Pollock Es<|' Prcsid' cfec 

Tho" Boyd ] 

Nath Chevin [ ,-, . a, p j^ ,y 
Cliristo Gale ( ^'"^ ^' ^ '''»' ^^^1' 
Tob* Knight J 

Whereas divers perstms in this Gover™* have for a long tyme past held 
Lands on no other title than a survey and doe refuse to pay any Quit 
Rent« therefore IxKsiuse thev have noe pattents for v* same not withstand- 
ing their own negk»ct is y* Chiefe Cause thereof 

Wherefore it is Ordered and Dec;larwl by this Board that y* (Juit rents 
of all Lands are Due and ought to 1k^ Levyed and paid from y* date of 
y* Survey notwithstanding pattents are gnuitcd for y* same at any tyme 
after 

Itlxjing represent(Hl & complained of to this Boaitl that Prichard Jas- 
jKjr has sold as a slave one of our ffriendly Indyans Wherefore It is 
Onlei-ed bv this Board that the Provost Marsh" of Bath Countv or his 
Deputy doe take y* said Jasj)er into his custody & him hold until he give 
goo<l Security to ap|)eare In^fore this Board on y* third day of y* next 
Gen" Court to answer the said C^omp** 



56 COLONIAL RECORDS. 



Wherea* Comp*' has \)e*yn made to this l)oaixl by Maj' Janics CoUjs that 
Tlwj' Baviv Author Wincliester Jno Winsh)e James if itcrh Jn"* Newbv 
Benja Miimlay W" F^Uat and Jonathan Shenvood in a mntinoiis nianer 
did (*«>ntemn and resis^t the Lawiidl anthority of this (Jovernm' lieing 
Imprest <hi an Ex|XHlition ag^ Indyan Enemy 

Wherefor It is Onlered by this Board that y* Pnivost Marsh" or his 
Deputy dtie take y* severall jiersons alxive named into his Custody & 
th*-m lioM nntill they give gm>d »Security to appeare at y* next Gen" Court 
ii» aa-^ware \-* Klid Comp" and in y* mean while to be of their good 
l^hav!«»ur. 

yV John Pi»rter one of v* Exee*" of v* hist will & Testam* of iiis 
father Jn* Pi>rter Dei'M pn^duewl to this lK)ard y* Said last will & Tes- 
ram* t^f his^aid father provwl lx?fore Jonathan Thomas Mayo' of Bridgtv 
water in the County of Somersett in the Kingdom of Great Brittian and 
pray^l I^etters Testamentary thereon And also that appraisers might Ix; 
ap|H.>iate^l lt» apprai^Jt* y* S;ud Estate and make division thereof accord- 
in;: to y* parp*»rt of Said Will. 

i VUTv^l that IxHteiN Testamentiirv l)e Granted on the said Will aword- 
?wc»^ 2it»*l that C\»" E*lwanl Moselev Mr James Tooke M' Tho" Peterson 
M* Nk'ho I'risp and M' Arguste Lymonds or any three of them Ixjing 
nr< S\\«»nu' therv^fo U^tbre s^mie Magestrate doe appraise y* Said Estate 
avv? '.ukv D;vt<ion ilien»«>f pursuant to y* purport of the sjiid Will 



*> iS* 



Vjv^n rvTHling of a l^^tter lay'd In^fore this Board by the Hon**'* the 
pr^'^'M* :*n»m y* IaIs pn^p*" wheriMu their Ii<lsps doe diret^t us to forbeare 
au> A^t> *»f IKv^lilliiys or Severity ag' C'o" Cary or his adherents for 
anv v»t" their late i'^rinu^ or Mis<lenu»anors in this (Jovcrnm' uutill v* 
arrJvall of l\v* NiHiois^m wln>me they have authorized to Enquire into 
th^v^' Matters 

li IS ihenMijHHi agn\^l that all further prosecution ag' y* Said Cary or 
auv of hi^ adlien*nts tor anv Crimes Mutinvs Insurrec^tions or Rel>ellions 
ivi^t Iv n^pii^nl nntill y* arrivall of said Co" Nickolson pursuant to y' 
l>in^Hions of y* Uls pn^p*^ afs** t»r nntill wee are Certainly advised that 
V* Sud Nu'koUms Intentions of Comeiug are altere<l — 

i^rvler^xl thai Capi .lenkins diHMleliver to y* provost Marsh" a Mellatto 
|h»v whieh he pi>*tends was lx>und to him by his parents in order that 
he tna\ Iv s^'ut Xo his siid |)im'nts agiiine 

It iv i>nlerxHl anti Agnnnl by this Board that y* Hou^*' the president be 
f'ulU lm|H»\\er\>l to tn»ju w'** y* Meherrin Indyansand to enter into Such 



COLONIAL RECORDS. 57 



Articles or Agnjem" w them on behulf'e ol' tliis Governiu' as he shall 
think fitt — 

. THO- POLLOCK 
THO- BOYD 
C GALE N CHEVIN 

T KNIGHT 



[B. P. R. O. B. T. ViRoiNiA. Vol. 58.] 



JOURNAL OF VIRGINIA COUNCIL. 

« 

The 12"^ day of August 1713. 

On reading at this Board a Copy of the articles of peace concluded 
l)etween the Grovemnient of North Carolina and King Blunt and others 
of the Tuscaruro Nation. It apj>earing that in the said Treaty no notice 
is taken of any of her Majesty's other plantations, although the Govern- 
ment of North Carolina could not Ix^ ignorant that on their awount this 
Country hath been particularly in open hostility with the TuscarurosA 
that in all the advanc^es made hv t\m said Tuscjiruro Nation for making 
Peact* with this Colony particular stipidations hav(^ Ix-en insisted on by 
this Government in favour of the p(M)ple of Carolina ; and since Ixjfore 
the conclusion of the sjiid Tfejitv with Carolina the Governor did bv 
several I^etters di^sire that Virginia might be includ(Kl or that Blunt 
should l)e sent in hither to trc^it a part an<l give assurance of his future 
|>ea(*e:ible l)ehaviour to the Inhabitants of this C'olony. The Council 
cannot but ccmsider this procetnling of th(» Government of North Caro- 
lina as an act highly prejudifrial to her Majesty's service; very disrc^spect- 
fidl to this Country and 'ill deserving that assistance which has l)een 
given from hence in the Exigency of their Affairs. And therefore the 
Coimcil are further of Opinion that the orders for seizing such of the 
Tuscaruros as shall come within this Colony l)e continued and the pris- 
oners now in custodv secuired untill the said Blunt shall come in to con- 
elude a Peace with this Colonv. And the Governor is desirwl to insist 
with the President of Carolina that he l)e sent in accordingly. 



68 COLONIAL RECORDS. 



[B. P. R. O. B. T. North Carolina. Vol. 6. p. 29.] 



1713. August 13*^ 

HENRY DUKE OF BEAUFORT PALATIN, JOHN LORD 

CARTERET AND THE REST OF THE LORDS 

PROP" OF THE PROVINCE OF NORTH 

CAROLINA IN AMERICA. 

To Francis Brooke Esq' 
Our Surveyor General or to the 
Surveyor Geueral for the time being 
of our Province of North Carolina. 

Charles Eden Esq' our present Governor of North Carolina having 
given us many proofs of his inclination to our service, and his hearty 
Endeavours to promote the general good of our Province aforesaid, We 
are therefore desirous to give him all due Encouragement for the same, 
And We do hereby command you our Surveyor General, to admeasure 
and set out for the use of the said Charles Eden and his Heirs 1000 
acres of land, according to the Rules and Customs of our said Province, 
that Grants in Fee may be passed to him, and his Heirs accordingly 
reserving a Quit Rent of Ten shillings yearly to be issuing out of the 
same to us, Our Heirs and Assigns for ever. 

And for so doing this shall be your sfifficient Warrant Given under 
our Hands and Seals at S* James this 13**" day of August 1713. 

BEAUFORT Palatin 
CARTERET 
M. ASHLEY 
J. DANSON 



[Council Journal.] 



North Carolina — ss 

Att a councill holden at y* house of The Hon"* Tho" Pollock Esq' 

Presid* &c in Chowan on Satunlay y* 19"* day of Aug* A»° D"^ 1713 

Present the Hon"' Tho' Pollock Esc^, Presid* 

f Tho' Boyd 
The Hon"'< Christo Gale V Esq' J As prop Dep*> 
( T Knight 



COLONIAL RECX)RDS. 59 



Upon Complt made to this Board by Daniell Gutheree Dep^ Marshall 
for y* precMiKl of pasqiiotaiik that Robert Moi-^an Jno Sawyer Sen' Jno 
Sawyer Jun' Edward Williams Richard Hastins and Robert Sawyer did 
uterly refuse to pay y* fine of ffive pounds due from them by aet of 
Assbly for not going out in y* Indyan Warr And in Contempt of the 
said Act did by ftbree and amies Rescue and take from him y* Marsh" 
divers goods on which he had made Distress for y* Same pursuant to y* 
Said Act. 

Whereupon it is Ordered by this Board tliat y* provost Marshall 
or his Deputy doe forthw*^ take the severall persons above named 
into his Custody & them hold untill they give good Seciurity for their 
apj)earance at y* next Gen" C<jurt to answare y* Said Complt and that 
in y* meane while they be of their good behaviour — 

Whereas the Sloop Yamesee Transport now Ixjlonging to Capt Edm* 
liellinger is Imploy'd in y* Service of this Governm* 

It is ordered by this Board that Capt Lyon" Reading Cap* Jn"* Drinke- 
water Capt Jno Clarke & Tho' Harding or any three of them being first 
Sworne thereto doe forthw"* appraise y* Said Sloop w"* all her tackle 
furniture & Apparrell and make returne thereof accordingly 

THO- POLLOCK 
THO- BOYD 
C GALE 

T KNIGHT 



[From Pollock's Letter Book.] 



Chpy to Governor Craven, 

Chowan Sept !•* 1713 
Hon'd Sir 

Yours of August the 6"* by the yamassee packet-boat recieved. and as 

for sending letters by Capt Maurice Moore to request a fresh supply of 

forces with all expedition it is certianly a mistake for I sent no letters at 

all by him, neither knew I of his going until after his departure. My 

letters then sent to you were by M' Paule, the master of the sloop or 

pa^^ket lK)at, dated February 20*** l)eing a month before the fort was taken, 

at which time there was no occjtssion of sendiug for more forces: neither 

in any lett^>r that I have sent will vou find that I have triflcMl, IxH^n want- 

ing in any promises, or unsteady or uncertian in my coimcils; all that 






6(9 



COLONIAL RECORDS. 



to -555. 



^ "^^- :^ %^ with me know that 1 do not use to l)e so unto any person, 

A^rss to unc- ol your worth and ehametcr, and whom in a great 
mis^ -^^ — *j\ve my own and the country's safety. And as for what evil 

metnoas ^^^^ ^-k- oustoms may be in North Carolina, I shall not now determ- 
ine, out ^^_^---^^^^^ assure you that I hate such base ways as much as any per- 
son unct^c:^??- -^- v,>ur government. I write not this to raise any contest or dif- 
teromt^ ^%-itli your Honor, which I shall always shun, but to justify 

my sol I -^1^ -^^ 1^^ ^j,.i^ ^yjjj^ iigt^nt, or any other person wrote to you for more 
torees, -^^ -^^ was without my knowledge. 

^ ^^^"^ "^c^ onliTing Col Moore to leave a sufficient number of Indians 
Ix^utt^IV ,^ >vith a projKjr officer, to guard our settlement is noble and gener- 
ous, *-^'^."^^.^^\ atUls a chain more to the many obligations we have to your 

tL^-'^'^x^ Sir CV>1. MiK)re ever since his arrival here hath behaved him- 

?!o\l" '^-"^^^X^lv and gallantly, and I believe his greatest enemies, (if he have 

•Auy ^ ^w*^\n iu»t find the Unist matter to blemish his management And I doubt 

u<*^ \^^* will jus^tify that I have not been wanting in my true End^ivors 

fc.x\^|^lv aiKl assist your forces. 

A.v*tt^ Sir As you have Imx^u our guardian angel to free and deliver 

tTxxnu our orml and dei'ietful enemies, so I hope, if they should break 

5\4rHUU ^iherv U*ing but little trust to Ixi put in Indians) you will con- 

.v\^^ yv»ur i:^K<hH»ss and gi*nerosity towards us, and preserve what you 

,5j^v-<- T<ivi\L .Vs tv*r your ex)H'nses about your arms and ammunition 

fc^x^xl tlw sUx^i^ hor\\ sluiU not foil to use my utmost endeavor to have it 

sii^^txstx^xl this fall tl*r if then* be no oixaision of raising of provision to 

w^^iuwiu Auy u*t\\'es it uuiv easily Ik» done by the assembly, which is to 

UAvisx^ ijrxtfct vvixtidemv in King Blount, that having suffered so much 
l^o will <^*^ l"^* ^^^' ^^* ^^* 4Uii»t, and may l)ea good guard to our frontier 
wUor^* >\\mU iH«r\iAt y^uir Honor to put a stop to your Indians falling 
lUK^u him until wv hv h\»>^ ho U^haves himself Have ordei-cd that the 
Y;u«av!<v \%:ilW> * 1^1 h^^r delivering what is now sent into her at Charles- 
t\^\\u b\ i\^i M^xv^\ to Iv v*Ktir and out of our country pay, unless your 
llouxM* haw xwnsstvm to ^Hid her hen^ again. 

Thn; IK* **iv;*l \srs **r \li^vr\K nor fonMjjn Enemies molest vour admin- 
ixu^ii^'u; *w* that ^K^iirvxl s\K>\^?*a may attend all your glorious under- 
taki«ii^ Ju*l Iv thv wt'Ju's **f Hon'* Sir 



COLONIAL RECORDS. 61 



[From Pollock's Letter Book.] 



Chpy to Mr. Hart. 

CnowAN Sep* 1'* 
Hon* Sir 

Yours of the I** of August rec^eived, and c^n never sufficiently acknowl- 
eilge the great obligations this ])oor eountry has to you ; your industrious 
cjire and application, next to Governor Craven's having been the chief 
cause of bringing us in sucli a sure way of (x>nquering our enemies, and 
of having j)eacc and quietness. 

I am much troubled that Governor Craven seems to charge me with 
trifling, breach of promise, and una^rtainty and unsteadiness in councils 
without any cause or o<'casion that I know of, and I Ixilieve none that 
knows can accuse me of any such matters. The chief reason that I can 
gather by his letters is that by letters by Capt Moore he was requested 
to hasten in more forces to our assistance, and when he had sent them we 
ordertnl them l)ack : which is a mistake for I wrote no letters by Capt 
McK)re, neither knew I of his going until after his departure. What let- 
ters I then sent were by M' Paule, Master of the pacquet-boat, dated 
Feb. the 20***, not recpiesting any more forces for being a month Ixifore 
the takeing of the Fort, we had then no occjision of more forces, and it 
was a suq)rise to me to hear of more forces coming. Howsoever, as s*H)n 
as I heat^ of it I sent to Virginia, I sent all over our country to see to 
raise for them what I could, but I found it could not be done. And 
then, there being no enemy to go against but a few Mattamuskeets, 
against whom we had sufficient forces before, concluded it was better to 
send them back, than to have them lie here and ck^troy and eat up the 
people's stocks without any ex|>e(*tation of advantage to thems(»lves in 
getting slaves: and which I believe would have raised most of the i)eo- 
ple here against me, at least have given the opjK>site party (which seems 
now to be more strong since Col. Cary came in) a handle to stir them up 
against me. 

Hon* Sir If it had l)een with me as it hath been not many years since, 
I would have supplyed them myself. But since the Ix^inning of our 
troubles I have not been less out than £2500, besides £612 sterling in 
bills of Baron Graff'enried came in protested so that I am not able to do 
as I would. I doubt not Col. Mo<ire ran testify that there hath l>een no 
want of my true Endeavors of supplying your army. 

Hon** Sir King Jilount having suffered much this war gives us hopes 
that he will now be glad to be quiet, and may be a good guard to defend 



62 COLONIAL RECORDS. 



our froutier, and cut off what stragglers may be let! of the Cores or Co- 
technees, and be a great help to us in destroying the Matamuskeets, that 
are left; wherefore would earnestly entreat your interest with the Gov- 
ernor to put a stop on any more of your Indians coming in against him, 
until we see how he behaves himself. But if he should break out against 
us (there being but little trust to be put in Indians) I hoj)e you will con- 
tinue your goodness towards this poor people, and procure us what help 
would be necessary. 

Our assembly being to meet in November next, shall not fail in using 
my true endeavor to procure of them the raising of the Governor's Money 
for the arms and ammunition he sent and for the hire of the pacquet boat 
in such commodities as may answer. I am incapable of expressing our 
obligations to Col Moore, who ever since his first arrival hath behaved 
himself as a valiant, wise, and prudent commander ought to do. 

As the delivering of innocent captives, of widows and fatherless, of 
aged and impotent from their cruel and barbarous enemies, and the reveng- 
ing innocent Christian blood shed by them must needs be meritorious 
actions (if any are) so albeit these j>oor people are not able in the least to 
retaliate Governor CVaven, you, and the rest of your Government, who 
havel)een instrumental in our deliverance; yet I doubt not. Heaven will 
j)4)ur down its chiefest blessings u[)on you for such virtuous noble deeds, 
which shall Ixj earnestly wished for by him who most sincerely is, 

Hon"* Sir 

Y' M. O. H. S* 

Sir — Albiet the ceasing of the war and discharging of the packquett 
l>oat may take of much of the occasion and oppertunity of writing to 
you, yet shall he verj' ambitious of the honor of the correspondnce of so 
worthy a |)erson as yon are, and shall not fail of presenting my humble 
respects to you by all oppert unities. T. P. 

sciiit by Col Moore. 



North Carolina 

To Capt Edward Bellenger, Master of the Yamassee Gaily. 

You ar(», afl<T having taken on Ixxird wiiat Col. Moore pleases to send 
by you and having cleared a(XH)rding to law, to make the l)est of your way 
with the; Yamass(^ (iallv to Charlestown in South Carolina and there 
having (uitercd your vesscll as the law recpiires make delivery of what 
you have ac<'ording to Col M(K)re's orders, and then the vcssell to be 



COLONIAL RECORDS. 63 



cleared and discharged of this country service,— ^unless Governor Craven 
have occasion to send here in again liere, which if he have then obey 
such orders and instructions as you shall receive from him. Your safe 
and prosperous voyage is hartily wished for by Sir 

Your H Serv* 

T. P. 



[B. P. R. O. Board of Trade. North Carolina. Vol. 5. p. 71.1 



Sir 

The public Business having call'd some of the Lords Proprietors out 
of the Town, their Lordships commanded me to inform you that at the re- 
quest of the Grentlemen of your province they had consented that their 
Order prohibiting the sale of land except such as should be directed by 
Special Warrant, sign'd at their Board should be revoked and their Ijord- 
ships have directed warrants as usual for the sale of Lands to be issued 
out of the Secretarys OflBce, with such conditions as are expressed in their 
warrant herewith enclosed to which I refer you. 

I am further directed by their Ivordships to transmit you a Copy of a 
Letter they received fn)m the I^ords of Trade and plantations wherein 
Her Majesty is pleased to Command that none of Her Subjects Ix? sent 
from any of Her Majesty's Plantations as Prisoners, without good Pr(K)f 
first made of their Crimes and that proof transmitted along with such 
prisoner. 

As to the Letter their Lonlships rec*civecl from you and the Council 
relating to the Boundaries between South and North Carolina, their 
Lordships took that Business into their consideration but thought it a 
matter of such consequence that it required to Ixj more maturely cx)nsid- 
ered of, and therefore adjourned it for that time I shall take care to lay it 
liefore their Lordships at their next meeting and shall endeavor all I («n 
to have a determination of that Matter in your Favor. 

I 

Your Obedient humble Serv' 

R. SHELTON 

Sep" 3* 1713 



64 COLONIAL RECORDS. 



[Council Journal.] 



North Carolina — ss 

Att a Council 1 holden- in y* house of Co" Tho' Pollock Enq'^ in 

Chowan on Wednesday y° 22^ day of October A"" 1)"^ 1713 

Present the Hon"' Tho" Pollock Esq' presid* &' 

( Nath Chevin ) 
The Hon"- { Christo Gale \ Esq" Lds prop*" Dep*^' 

( T Knij^ht j 

Cap* Tho* Lee havinp^ represented to this Board that he by virtue of 
a comission from y* late Gov' Hyde for Rainger had taken and secured 
a conoe that formerly l)elonp;od to one Jn° Butler who had fled for divers 
Crimes from South Carolina and prayVl an ord' of this Board to whome 
he might deliver ye said Conoe 

Orderd that y* Said Canoe doe remaine in the Custody of y* Said Lee 
untill farther Ord' of this Board 

Willm fFryly haveirig represented to this Board that he had taken up 
a Horse Some tyme ago that was a stray & unmarked horse by Virtue 
of a Comission from Wm Glover Es(j' the late presid® of y* CouucmH & 
Comand' in Chiefe which said Horse was first taken up by James Ix)ng 
by virtue of a comission from Co" Carv in y* tyme of his usurpation 
Wherefore ])rays y* said Horse may be Confirmed to him y* Said ffryly 
by virtue of the afs* (VHuissiou And this Boanl haveing Considered the 
matter it is their oppinion the said Horse* Doe properly In^long to y* said 
ifrylv as afs** and thercui)ou 

It is Ordered tliat y* said Horse* doe remaine to y*^ sjiid ifrvly's owne 
proper use* 

lJp(»n Petition of Mad'" (^atha Hyde Adm*' of y* Goods an<l Chatties 
of y* Hon*''* VAw^ Hyde Esef praying appraisors may Ik* appointed to 
appraise' y* Estate of y* siuM VAw^ Hyde 

Ordered that (^ap'Robeii West AP Jn" Bird M' JnMIardy and M' 
Tho" West or any three of them IxMUg first Sworne thereto Doe Appraise 
all y* Goods & Chatties of y* Afs** Edward Hyde a*^ shall 1k^ prc^scMitcKl 
to them by the said Catha Hv<le adm^' as afs** 

Whereas it doe appear to this Jioard that there is likely to Ik' very 
greate Want of provisions to suply y® Waiit.s of y* army that is Dayly 
exjKJcted from South Carolina as well as for our owne force now in amies 
ag* the Indians 

It is ordered by this Board that noe Graine be exported out of this 
Governm* either bv Land or water untill farther order from this Board 



COLONIAL RECORDS. 



65 



and that all onicers ConseriRHl in y* Cleiiring of any Ve«sdl Doe have 
Due regard to this onler 

WherejLs it dos appeart* to this Board that then' has Ixjen divers jkjf- 
sons Iniphn'M hy the Hon"* Edw** Hyde Es<|' hitc Gov' of tliis province 
in nxreiving and Collecting y* Quit Rents in this Governni* for the end 
therefore that it may appcare to this Board of whome and how much 
moneys there has l)een rec'd by those persons 

It is ordered by this Board that all sueh {Hjrsons as have been so Iin- 

])loyM by y' Hon**'® Edw** Hydes Estj"^ in Recx)vering and Collating any 

(^uit Rents as afs** Doe render a true and Just a(xxi* thereof in manor 

following (Viz*) the name of y* person from whome rec'd the number of 

aens thev hold and how many vejirs Due and to whome they have 

ac('(»unted for y* siime which acco* they shall returne into y* Sec'^' Office 

in order to be lay'd l)efore this lioanl by the last day of Novcmlxir next 

and they will answ' the contrary at their peri 11 

THO- POLLOCK 

THO- BOYD 

C GALE N CHEVIN 

T KNIGHT 



[Council Jouknal.] 



The Hon**'^* < 



► Escj' Ixls prop*" Dep'^' 



North Carolina ss 

Att a Councill holden at y® house of C-ap' Tho" Lee in Chowan on 
W(xlnesday y' 4"* day of Nov' A"*^ D'^^ 1713 

PrescMit The Hon**** Tho" Pollwk Es<i' Presid' &c 

Tho' Boyd 
N Chevin 
W"* Reed 
C Gale 
T Knight 

U})on Petition of Maj' Morris Moore showing that one W" Harris a 

Soldier und" his Comand is lately Killed by the Enemy Indyans and 

• » V V 

prays that such of the Estate of siiid Harris as is to be found in this 
Goverm' may Ixi put into his Custoday for defraying his Just Debts. 

Onlcreil that v* said Maj' Moore has Adm**""* of y* s* Harris's goods 
Committ^Kl to him for y* purpose* afs** — 

It appeareing to this I^jard that Kellam Tyler is Dead and hath left 

One Only Child by nanie Katherine Tyler livoing & an Infant and Tho' 

Blount l)eing nearest of Kin to y* s* Kellam 
9 



66 CX)LONIAL RECORDS. 



It is Ordered by this Board that the said Tho' Blount have y° Guard- 
ianship & Tuition of y* Said Katherine Tyler and also Adni"'*'* of all 
Goods and -Chattle that were of y" said Kellams on behalfe of y* said 
Katherine and dureing her Minority — 

U[>on Petition of Solomon Jordain Showing that One Roger Snell was 
bound to his late wife before his marriage w*^ her — untill he shall come 
to y* age of Twenty one yeares which tyme has not yet Expired And y*^ 
Said Roger has now absented his Said Servicer therefore prays an Order 
of this Board to take up his said servant ii^aine 

Ordered the y* said Sollonion Jordain be Impowerefl to take up y* said 
Roger Snell wherever to be found and keep him untill he shall Come to 
y* said age of One & Twenty Yeares pursuant to his former Indent- 
ures — 

Upon Petition of Jno Debt Showing that when he was out in y* Ser- 
vice of this Govern m* ag* y* Indyan Enemy the Provost Marsh" made 
Distress upon a hand saw belonging to him for five shills Due for his 
Levy's which hand saw is now in y* possession of ftra Beezely being p* 
to him for y' afs* Sume of five Shills by the Treasurer of the Pnxnnct 
of Perquimons And prays that he may have his Said Hand saw againe 
paying y* afs* Sume of ffive shills to y* Said Beezely therefore 

Ordered that y* sjiid ifra Beezely doe deliver to y* s** Jno Debt y* 
afs* handsaw he paying & Delivering to him the sume of five Shills in 
good & Merchantable Comodityes of this Governm' at y® rated price 

Whereas Sollomon Jordain haveing represented U) this Board that Jno 
Walker former husband of his late wife Eliza Jordain Did by his last 
will & Testam* Order & bequeath a plantation to him l)elonging in Nuse 
and not Pattented to be disposed oflF for the paym' of his Debts and the 
said Jordain's father showing that he has & is willing to pay and Discharge 
the Said John Walkers Debt*> and therefore prays that he may have a pat- 
tent for y* Same Land in his owne name. But for want of the will of 
y* Said John Walker to make the Same Allegation Certainly appeare and 
to prevent y* afs** Land Lapsing before he can produce y* Same 

It is Ordered that y* Said Land doe Continue on y* Same foot it now 
stands on untill y* next Councill in Order that y* said will may be pro- 
duced and then if it dos appeare as is above alledged that the s* Jordain 
have a pattent for y* same Land paying to y* Lds prop*" rec" the pur- 
chase money now Due therefore. 

Upoi\ Petition of Jno Smithwick showing that a tract of Land on 
Kesiah River Conteyneing 440 acres was formerly granted to Edw* 
Smithwick by Pattent and is Lapsed for want of Seating and prays the 
same, may be Granted to him 



CX)LONIAL RECORDS. 67 



Orderc?d that y* same Land Ixi granted to y* said John Sraithwick as 
pray'd 

Upon Petition of Rich'* Davenport Showing that a tract of Land 
lyeing on Morratock Conteyneing 640 acres was formerly granted by 
putt to Wm Jones & is now Lapsed for want of Seating and prays the 
same may In? granted to him 

Ordered that y* Same Land be Granted! to Richard Daven}>ort .as 
pray'd 

U{)on petition of John Whitby showing that he being Indebted to 
One Eberniezer White y* Siime of 10£ Confesse<l Judgem* for y* Sume 
in y* Gen" Court in July last ujwn promise that y* s** Ebineza would 
not take Execution within a Twelve monthes after Nevertheless the said 
Whitby iHjing Imprest by the Hon"* Co" Boyd to go after y* Indyan 
Enemy the said White then Imeadiately tooke out Execution by virtue 
of which y* Sherriife James Dange levyed & Seized one horse mare & 
yearling of a much greater value than y" said debt and without any 
notice given to yo' Pett' Sold y* horse and he farther showeth that at his 
retunie fnjm y* servic^e afs** he went and tended the money to y" said White 
upon which he wrote to y* said Dange to deliver y* afs* horse mare and year- 
ing which he utterly refusal & still dosdetayn the same Contrary to Law 
therefore prays that upon his paying w' is actually Due that the Sherriffe 
may returne his goods againe &c And y* matter Ixjing Ducly heard <fe 
C-onsidered by this Board 

It is ordered that y* Said Dange doe deliver the said Horse mare and 
yeareling to y* said Whitby againe he paying to y* s* Dange the afs* 
Debt Ten pounds w*** the Costs due to y* said Judgem' Deducting there- 
out his reasonable Cost and Charges in pri^senting this Petition 

Upon Petition of W" Mitchell Showing that Jno ffoster is Dead and 
hath made noe will & that he is greatest Creditor to y* DecM & there- 
fore prays Letters of Adm****** may be granted to him on y* said ffosters 
estate 

Ordered that y" said W" Mitchell have Ixitters of Adm***** as prayM 

The Hon"' Co" Thos Boyd produceing to this Board a Certifycate 
•attested and und' the hand of Phillis Askue ^"^idd & relect of Tho* 
Askue Dec'd thereby Impowering him y' said Tho* Boyd to take 
adm**°" on y' said Estate of her dec'd husband as greatest Creditor where- 
upon 

It is Ordered by this l)oard that adm**°** be granted to the said Tho' 
Boyd as afs** 



68 COLONIAL RECORDS. 



Tho' Roper having niado api)eare to this Board that he hath a right 
to £7 \l)^ out of tlie Clainio Duo to Jno Toby who was kilk\l in Warr 
ag* y* Indyan Enemy by a note under y* said Tobys hand which said 
note is either lost or mislaid amongst y® papers of y* Ass"^ 

WhereniK)n It is onlered that y* said Tho' Ro[)er have y* afs** sunie of 
£7 13^ out ofy* publick Treasury if soe much of y* Said Tol)eys there 
foi^nd to Ixi Due & unpa^ 

Upon petition of Jno Whitby Showing that his wife who was the 
Widdow & Rela't of Tho" Russell De(;M Obteyned Orders for Letters of 
Adm"**" on y* Estate of her said former husl)and in y* precunct Court of 
Corratuck by pretext of which y* said Court did exact security of his 
said wife in her widowhood and afterwards of him y* said Jn" Whitby 
Obliging him to i-eturne and Inventory of y" said Russell Estate to that 
Court of which he haveing failed the Deputy Marshall of the said pre- 
cinct und' pretext of an Order of y* said Precinct Court Did break o[>en 
his the Said Witbys house & Seize and Carry away his Household 
goods as also all his Catle and other things as well of right belonging to 
him y* said Whitby as w' was of y® former Estate of the said Russell 
Contrary to Equity and Good Conscience* 

Whereupon it is Ordereil by this Board that the said John Whitby 
have Letters of Adm**^" in right of his said wife (m y* afs** Tho* Russells 
Estate and Uiat the Said Deputy Marshall of Corratuck precnuct Doe 
returne all y° Goods Chatties ife Catle that he tooke under pretence of 
the afs** Order to the said John Whitby at his Ownc house w*** all (jou- 
venient speed as he will answare y* Contrary at his Perrell without any 
Cost of y* said Jno Whitl)eys either for y' Executicm of the afs** Order 
or for the Delivery againe of y* Said G(X)ds or of any proc«e<lings that has 
lx»en had thereon and that he returne an Inventory of y* Said Estate to 
y* Sec**' Office pursuant to y* purport of his Said Letters of adm****' & his 
Security Given thereon. 

Upon Petition of W"» Mitchell Adm' of y* Goods & Chatties of Jno 
ffoster Dec'd praying appraisors may ho appointed to appraise the said 
ifoster Estate. 

Ordered Nath Everett John Browniiijj: Mathew Addams & Henrv 
Middleton or any three of them Ixiing first sworne thcn»to doe appraise 
y* said Estiite and make returne thereof accx>rdingly. 

Upon Petition of Co" Tho" Boyd Adm'^ of y" (joods & Chattl(^s of 
Thomaij Askue Dec** praying appraisors may ho appoinUnl to appraise to 
said Estate 



COLONly\.L RECORDS. 69 



Oixlered that Henrv Davis Patrick McKuen ffra ffeano & John Mc- 
Kuen or any three of them Inking first sworiie thereto dcxj apprai.se the 
said Estate and make returne thereof acconlinj^ly. 

Upon the I\?tition of Mary T^awson 8how4ng that a Tract of Ijaud in 
(\is<?o|K>ung Conteyneing 109 was formerly granted unto James ffewox 
by pattent is lapsetl for want of Seating in Due tyme & prays the same 
may l)e granted to her. 

Orderetl that the saiil I^and l)e Granted to the said Marv Lawson as 
prayd for 

THO- POLLOCK 
THO BOYD 
T. KNIGHT N CIIEVIN 



[Council Journal.] 



North Carolina sh. 

Att a Councill hoUlen at y* house of Capt Heeklefield in Little river 
on Wednc^sdav the i)^ dav of Noveml)er A"** D*^ 171;^ 

Present the Hon^'« Tho" Polhx^k Es(f Presid' &e 

r Nath Chevin ^ 

The Hon^- j WmS'^ ( 1^^' ^^''^ P''^»^" ^'^''' 

[ Tob Knight J 

UjK)n Petition of Antho Alexander Setting forth that on y* 20'** day 
of Aug' 1702 one John Burkett t(M)k up and surveyed (by Jn° Anden- 
s(m' Dc^p'^ Survey') a eertaine par«»ll of Ijand eimteyning 154 aert^ in 
Alligator Creek Ix^ining at a (xume by y* side of a great Swamp eom- 
only Calle<l or knownc by the name of ififty tree swamp running down 
y« s** swamp No 55 E' 46 pole y" No 77 E' 40 poles then No 65 E' 160 
pole then So 20 W 175 pole to y' ponjfson then No 41 W 220 jxiles to 
y* first Station as in & by y* plott & Survey thereof Signed by y* Said 
Anderson & nudy to l)e prixluced will more fully and at large ap|>eare 
and further showeth that for a vahible Consideration paid in hand to y* 
s** Jn** Burkett by your pet' y* Said Burkett did make over & Confirme 
unto him v" afs** Tracrt of Land as in & bv a I'ertaiue Deed iKiarint' Date 
y' 12"* of June 1705 Acknowledged in open Court Registei'ed A: I'eady 
to be [)nKlueed will more fully and and at large appeare and farther 
showeth that he hath l)ei»n ever sine(i in possession of y* said I^iuid either by 



70 COLONIAX, RECORDS. 



himselfe Tenant assignes and Constantly and duely paid Quit Rents for 
y* Same rec" for which he hath ready to produce and hath used all opper- 
tunitys to get a patent for y* Same but hath been hindered Chiefly by y* 
Confusion this Govcrnm* hath been of late in Now Soc it is that one 
Mathew Midgett hath Surreptitiously Caused a survey of y* afs* Land to 
be made in his own name and hath under hand pnx!ured a pattent for y* 
Same altho he y* s** Alexand' was in possession as afs** and being Igno- 
rant of y* vile practices of y* Said Mathew Midgett had noe oppertunity 
to put a stop there to and therefore humbly prays that y* Said pattent 
may be cancelled & that he y* Said Alexander may have a pattent for y* 
Same as of right is Due to him - And thereupon y* s** Mathew Midgett 
appeared and made his defence thereto and y* said Alexander having pro- 
duced a returne of y* Survey returned into y* Sa;*^* Office for y' afs* 
Land in y^ afs^ Burketts name as above sett forth in y* s** Petition and y* 
whole matter Ijeing duely heard & Considered on both sides 

It is Ordered & Da^eed by this Board that y* Said Antho Alexander 
have a pattent for y* Afs** I^and aca>nling to y* afs** Survey and y* Afs* 
pattent Granted to y* afs** Mathew Midgett as afs** is hereby declared to 
have l)een Surreptitiously obteyned And invalled to all intents and pur- 
jK)ses whatsoever And It is hereby farther Ordered that y® Said Alexan- 
der Doe as Soone as Conviniautly he Can lay out his said Land Ac^cord- 
ing to his former Survey And that Mathew Midgett hav^e Lil)erty to take 
up y' Vat^nt land if any there bee 

Upon the petition of Jonathan Evans Legatee of y* last will and 
Testam* of Richard Evans Dec'd Setting forth that his father Richard 
Evans was seized and possessed of a Certain plantation and Tract of 
liand Scituated lying & being in perquimons precinct Conteyneing three 
hundred and fifty acres and l)eing Soe Seized and posseaseil as afs* 
Departed this life and by his last will and Testam* Devised y* same to 
him y* Said Jonathan as in & by y* said Will relation being thereunto 
had may more fully apear Nevertheless Peter Jones of y* afs* precinct 
well knowing the afs** plantation and tract of land to be y' Said Jona- 
than's Lawfull & rightfull Inheritance one hundred & fifty acres part & 
parcell thereof hath surveyed thereby Obstructing him y* said Jonathan 
to sui'vey the same Contrary to Ecjuity and Good Conscience wherefore 
prays that y* Survey made by the said Peter Jones may be mill & Void 
And that he may be admited to Survey the Same 

Upon Petition of Mary Hobbs praying for an Esc^heat of a tract of 
Land in Nuse now in her possession fomerly belonging to David Whar- 
ton Dec'd 



COLONIAL RECORDS. 71 



Orderetl that she has y* first right to that Escheat Complying w'** such 
Instructions as wee may receive from y* Lds prop*" on that acco* 

Upon Petition of Richard Graves praying that he may Escheat a Cer- 
tain Tract of Land formerly belonging to David Wharton Dec'd lyeing 
between Cate's Creek & Island Creek in Niise river 

Ordered that y* said Richard Graves have y* first right to y* said 
Escheat Complying with such Instruction as wee may receive from y* 
Lds prop" on that acco* 

Upon Petition of John M'alkcr of Corratuck precinct setting forth 
that he entered a tract of Land in Corratuck afs** w*** M' Tho Swann 
Dep*^ Survey' in Nov' last & lay'd rights in his hands and requested him 
to survey y* Same Notwithstanding which he neglect,s Soe to doe & has 
now entered y* Said Land for another person and y* Said Walker have- 
ing settled on y* Same Land doe therefore pray that a warr* may be 
directed y* Said Swann Comanding him to survey y* Same Land for him 
pursuant to his former Entry as afs** And it appearing to this Board 
that it has been wholly y* neglect of y* Said Swann that y* afs** Walker 
had not his Land duely layM out unto him as of right he ought in Due 
tyme and that y* same doe of right belong to him. 

Whereupon It is ordered by this Board y* afs** John Walker have y® 
8* Land laid out for him & that a warr* be directed to y* Survey' for that 
purpase. 

Upon Petition of Co" W" Bruc* Showing that Peter Warden late of 
this Governm' is Dead without will and is Indebted to him y* s** Brut« 
in y* full & Just sume of fforty j)ounds by Specialty And thereupon 
prays Administration of Said Wardens Estate as greatest creditor 

Ordered that y* Said W™ Bruce have adm'*^" as pray'd and that Jn° 
Stafford George Bell W" Hancock Sen' & J no Slo<x)mb or any three of 
them being first sworne thereto doe appraise y® Said Estate of y* Said 
Peter Worden as it shall be presented t<^) them by y* afs** W" Bruce 

It is ordered by this Board that Nath Chevin Esq' Collector of y* 
Queen's customes doe cleare M' James Tooke's Sloop with 'her Loading 
any fornrer Order of this Board notwithstanding. 

Upon Petition of Richard Corp showing that Eliza Deane Widd is 
dead and hath made noe will and that he marry y* only Daughter of y* 
said Deane therefor prays Administration on ye said Deane's Estate in 
right of his wife as nearest of Kinn 

Ordered that Adm****" be granted to ye said Richard Corpe as prayd 

Upon Petition of Cap* ffred Jones showing that he hath two tracts of 
Land Surveyd upon Morattock river (Viz*) one conteyning 4700 acres 



72 COLONIAL RECORDS. 



by warr' dated Nov 5 1706 and another tract (containing 440 acres by 
warrant of y* same and one tract of 600 acTcs by warrant of same lyeing 
on Nnse River and one other tract of 600 acres by warr* dated Aug* 1" 
1706 lyeing also on Nuse river and ever Since that tyme been ready to 
pay y* purchase money for y* same and still is ready provided he may 
have Jtssuranires for y* same and for as nmch as there is at present noe 
Hiceiver in the Country on the Prop*" acco* to receive y® said purclia^ 
money this boarde doe not think it proper to make or give any purchase 
pattents Nevertheless tor secureing the sjiid Jones's title to y* af** land 

It is hereby Ordered that noe Collatiirall Surveys or pat<?ntts thereu[)on 
Granted for any part of y* said I^and by what meanes soever made or 
obteyned Shall be of any Eifec^t and that y* said Jone^s shall have pattents 
for y* same soe s<x)ne as any purchase pattents shall \ye granted fnmi this 
Board for Complyeing w**' such Instructions as the Prop*" in that Case 
shall send to this Governm* and that y* said warr* & returnes be recorded 

Whereas we are credibly Informed that Co" James Moore may be 
dayly Expecteil in w"" the South Carolina fforces 

It is hereby Ordereil that y" Hon"* The president Doe give such In- 
structions and make such {igreem** or Treatys w"* the said Co" Moore or 
ye Indyans in relation to carrying on this warr as he shall think Con- 
venient and Enter into sucrh other Articles or agreem* w"* Tom lilount or 
any other of our Neighbouring Indyans as he shall think projxir. 

Whereas we are Informed by the Reverend M' Jn** Urmston that M' 
Richard ffrench have aiid Doe take upon him to Administer y* Holy 
Sacram* of Baptisme and to marry person without being duly qualified 
for y* same 

It is Ordered by this Hoard that y® provost Marsh" Doe Sumons y* 
said Richard ffrench to api>eare at y* next Councill to Ix^ holden at Capt 
Hecklefiekl on the third day of the next Gen" Court to answere to y*" said 
Comp^* and that he forbid y® said ffrench to marry or baptize any person 
in y* meanwhile 

Upon Petition of Tho* Snoden Sen' Sluming that a tract of I-^and 
Scituate<l in perquimons precinct Conteyneing One hundrwl and Eight 
Acres pattented in name of Benjamin Nicholson is lapsed for want of 
seating according to y* tenour of an act of Assbly in such Cases inade& 
provided and prays y' same may be granted to him 

Ordercnl that y* said Land be granted to y* said Tho* Snoden as 
pray'd 

UjK>n Petition of Richard IjCiiry showing that a tract of I^and on 
Island called Bats's (TPave Scituate in Albemarle Sound formerly Granted 



COLONIAL RECORDS. 73 



to Richard I)aven}H)rt is I^apsed lor want of* seating ill Due tyiiie [K^rsu- 

ant to y* pur|K)rt of au ac^t of ARsemhly in that bclialfc made and prays 

y* same may be granted to him 

Ordered that y* said I^nd be granted to y' Said Richard I^eary as 

pray'd 

THO- POLLOCK 

T KNIGHT THO- BOYD 

C GALE \V» REED 

N CHEVIN 



[B. P. R. O. B. T. Virginia. Vol. 58— Extkact.] 



Virginia 

Journal of Cotuieil in Assembly Friday Nov' 6^ 1713 
The Governor was pleased to make the following s})eech 

Mr Speaker 

Gentlemen of the Council 

and House of Burgesses. 

* * * * 

The Cloathiug you intended for the relief of North Carolina lias all 
Ix-en l^ought up and delivered but the greatest part of the thousand 
pounds still remains unexjK^nded which has l)een (Kt-asioneil by that Gov- 
ernment dec*lining to join in such measures as I might retisonably think 
this sum was appropriated for, You shall have lai<l before you a [mrticu- 
lar a<x*ount of what has been cxjkmkIciI whereby may Ik» oljserved that 
|>art has been for stores of war s*»nt to North Carolina and the rest for 
expeditions undertaken against the same Indians who were fighting 
against that Government. 



[From Pollock's Letter Book.] 



November 16"* 1713 

Yours of Oct. 16*** came to baud last night, and as for the Meherrin 
Indians, you have had wrong information «)nc?eming them : for they 
have answere<l to our Courts, they have submitted themselves to this 
10 



74 COLONIAL RECX)RDS. 



government, they have paid tribute here ; so that they have not always 
been accounted in your government ; but, on the contrary, have always 
here Ix^en taken to l>e in this; and it was only the convenience of trade 
that drew them to submit to yours, and the weakness of this government 
that suffered it. And moreover, they, living in the controverted bounds, 
are as much in our government as in yours, until the line determine 
under which they are. 

And as the tributary Indians under this government are as niuch under 
Her Majesty as the tributary Indians of any other of Her Majestys 
plantations, so if I had endeavored to recover or presume and insure? the 
right to these Indians for the Lords proprietors, I cjin not see wherein it 
would have been any encToachment on Her Majostys right*^, which I shall 
always study to preserve to the utmost of [niy] power. As for your 
Honor's acquainting us that we may not exjKxit any assistance of men 
from the Meherrins, and that you have ordered them not to acknowledge 
our government, all that I can say to it at present is that if Her Majes- 
ty's subjec^ts under your government had laboured under the hundreilth 
part of the difficulties and trouble that the poor people of this govern- 
ment have, I should not only not have hindred those Indians that you 
had any preten(»e of right to, but have allowed and encouraged all other 
tributary Indians here, and all other Her Majesty's subjects to assist 
what they could. I think it verv hard vou should blame me for not 
appointing (-ommissi oners to lay out the l>ounds, when I never had any 
orders thereanent, either from Her Maj(^ty or the Lords Proprietors. 

I hope your Honor will take no exceptions at my lawful endeavors to 
maintain my masters, the Lords Proprietoi's, rights, so far as lawfully I 
can, it being my duty. 

We have had nothing of moment Morth communicating to you these 
several months last past, only that some scattennl parties of our enemies 
do still distress us out of their swamps and lurking-places, killing many 
of our j)eople. 

But King Blount's men very often come up with some of them, hav- 
ing killed, taken and brought in the scalps of near thirty of them. And 
are in great hopes that, according to his promise, as soon as the peo[)le come 
from the northward that he expects that he will soon clear us of these 
straggling parties, which without his help we never shall Ix? able to do 
ourselves. We have a report here that you are oh some treaty with the 
Tuscaroras, and that there are intentions of drawing them in under your 
protection, and settling them in your limits; which seems to me so unjust, 
^nd the consequences so apparently destructive to Her Majestys subjec^ts 



(COLONIAL RECORDS. 75 



here, that I can never tliink, those that mind their own interest more 
than your Honor? or safety and prosi)erity of Her Majesty's subjects, 
can pursuade your Honor to consent to it. King Blount had lieen with 
you long Ixjfore this, but his sickness and lameness hath hindered him, 
as foi^ what orders Her Majesty hath given (•oncerning the contro veiled 
lands, I know not, but can assure you, since I was confirmed in the 
administration, have given no allowance to the taking and settling lands 
there. 

Hon** Sir I have on my part earnestly endeavoured for a fair and 
friendly correspondence, which would be most acceptable. 



[From N. C. Letter Book. S. P. G.] 



MR. RAINSFORD TO GENERAL NICHOI^ON. 

Chowan, North Carolina Doc. 1 1713. 

I had the honor of a Ixjtter (which you were pleased to convey) from 
the SiKjiety delivered me by the hands of our most worthy President, 
Col. FollcK^k. I undei'stand my duty in part is to inform your Excel- 
lency what Libniries there arc of the Society's in general, and of my own 
in particidar in this Government. As to my own particular share of 
books, I received none except a parcel of small tracts with some prayer 
l)ooks which I dispose of where I see most occasion, and where the ne- 
cessitys of the [)eople require, and where I find they are ready to put 
them to the use intended by the Society. I had an order of the Society's 
for the lx)oks of my Predecessor, the Rev** Mr. Adams who died in 
Curatack, amounting to the value of Ten pounds, and now in the hands 
of Mr. Richard Sanderson, but never received one, tho' I often applied 
for them. The place where I at present officiate is on the west shore of 
Chowan River, where there are a (considerable number of Inhabitants 
well disposed to the Interests of our Church as truly zealous in the de- 
fence of the country from the common enemy. Thanks Ixj to G(k1 we have 
no disturlrance among ourselves, but all people heart.*? unite and every 
Member of the Government is as happy as the times will adnut of under 
the wise and prud(Mit administration of our good President. I heartily 
thank your Excellency that you were pleased to condescend to take notict» 
of me in your liCttcT to the Pixjsidont, and shall readily shew my grati- 
tude by a chei^rful and submissive olKnlience to your (H)mmands. There 



76 COLONIAL RECORDS. 



IS a great want of schcK>l masters in this Government for the instruction 
of children, wliich I hope you will l>e pleased to lay l)efore the Society 
as you in your wisdom shall think fit. Please to pardon this presumjv 
tion, and l(x>k upon it only as a branch of my duty which engaged me to 
let you know I received your commands, and how much I am (but^with 
all due regard to the disturbance between us) 

Your Excellency's &c 

GILES RAINSFORD— Missionary. 



MR. URMSTONE TO GENERAL NICHOLSON 

North Carolina Dec' 1 — 1713 
Honored Sir 

The good news of your Honors safe arrival at Boston was very wel- 
come to most here and has increa.sed rather than abated our longing desire 
of your presence here ever since we heard of the Lords prop" their good 
intentions towards us in empowering so honorable a person to regulate 
the disorders and unaccountable confusions which the unhappy country 
hath Ixien so long involved in the happy effects of the prudent care of 
other colonies when under your command makes your coming among us 
look the auspicious If ever we shall Ix^ a people worthy the care and 
protection of our mother country we must date it from the day of your 
arrival which God grant may be safe and speedy but give me leave to 
tell you your honor will liave a pretty hard task on it I believe I need 
not tell you what a strange mixture of wretched mortals we have here 
many impatient of all discipline whether spiritual or temporal not a whit 
better than those St. Paul fought with at Ephes. & poor CoP Hyde 
during his short reign was vilely puzzled with them but the honest gentle- 
man our now honorable president hath met with many more difficulties 
not only a refractory disobedient and gainsaying people but a potent and 
cruel Enemy to struggle with when he took upon him so heavy a burden 
the Indian War was just Ixjgun but by his unwearied diligence and wise 
conduct hath been c^arried on with great suctx3ss — A country preserve<l 
which every body that was but least acquainted with our circumstances 
gave over for lost and the Enemy forced to a peace upon Honorable 
terms our intestine broils and contentions (to which all the misfortunes 
which have since attended us are owing) are in a great measure appeased, 
factions and parties no longer heard of and all having sufficiently smarted 
for their past divisions agree in their good esteem and approbation of his 
administration his public spirit and earnest endeavours for the welfare of 



COLONIAL RECORDS. 77 



this Grovernment tho' at the expense of a great part of his estate hath 
gained liim a great influence over all soiis and if not blessed with a 
plentiful fortune he could never have waded thro' so many difficulties 

A perfet^t insight into the Interests of the country and a good estate are 
needful for a Governor and are very engaging with our folk and without 
that I plainly saw in CoP Hyde the character will be despised and the 
honor due unto it not suppoited — 

Sir in obedience to the ooniniands of the Hon"* Society & your honor 
I make you a humble tender of my best respects and take the liberty of 
assuring you I shall always have a due r^ard for the power wherewith 
you are invested by the Hon"* Society with reference to us Missionaries 
as well as to the mei^its and repute yo£lr indefatigable pains and generous 
cx)ncurrence in the promoting our most holy Religion as by law estab- 
lished hath deservedly gained you from all good men but to give you as 
directed a succinct account at present of all matters relating to my Mission 
would be too tedious — At a General Assembly next after CoP Hydes taking 
the Government on him a very favorable act was made in order to establish 
our Church but thro' the opj)osition of sectarists who are unwearied in 
seducing and perverting unsettled minds and stirring up an aversion in 
all that will harken them against our hierarchy and by reason of the 
poverty misery and calamities circumstances the country is reduced to- 
all Essays and attempts have proved abortive little or nothing done pur- 
suant to the said act neither know I when it can be expected there should 
be for my part I despair of ever seeing it the fatigues and hardships I've 
been continually exposed to have quite wearied me, my constitution which 
has been heretofore healthy and strong and sufficiently tried by long and 
repeated Journeys and frequent change of climates is now broken — The 
air of America has been more disagreeable than that of a great part of 
the known world besides my health and strength are very much im- 
paired — 

I have supplied to the utmost of my power the whole county of Albe- 
marle which is of a great extent alwve three years and an half have left 
no corner of it invisible I never was so hard put to it in all my life to 
keep soul and body together and subsist my poor distressed family I 
have been ill used by one whom I intrusted to receive my Salary and 
lay it out in Goods which would have t.umed to a good account here but 
for want thereof have been forced to draw Bills for England to the value 
of £250 St. of which I could have easily made a thousand pounds this coun- 
try pay besides £45 St. I am to pay for my plantation when a dispute 
about the title is ended, which I believe will come before your honor. 



78 . COLONIAL RECORDS. 



My fellow laborer Mr. Raiiisford, was with us two or three days in 
August 1712 and returned to Virginia on pretence of fetching in his 
goods, but loitered there till the Indian War broke out, which deterred 
him from coming again till alx)ut a month ago. He is now set down in 
my parish and saith that when the Inhabitants have once heard him 
they'll forsake me, and I must be turned out. I fear he is of a very 
contentious temper, I have seen him but once, and that was by chance. 
His carriage towards me was very haughty, as if I was some contemptible 
inferior — ^a rupture, which is almost unavoidable, would be of ill conse- 
quence, create mirth and diversion, among our adversaries who are 
always ready with or without cause to revile and reproach us, and it 
would be very repugnant to the business and disposition of a missionary. 
I understand he expects his salary from the commencement of his Mis- 
sion, albeit he has done nothing for it. Mr. Gordon, my predecessor, 
was not at all out of the way in demanding an hundred pounds per 
^ annum to come back again hither. I wish I had gone where at first 
designed although I have had here the augmentation he desired but 
believe that would not have engaged a timorous man to have stayed here 
so long as I have done. If your honor would vouchsafe to prompt the 
Society to take into consideration my mean circumstances the loss which 
I sustained in the mismanagement of their bounty the pains I have taken 
for want of assistance and the little prospect of any encouragement from 
the country it shall ever he acknowledged as an extraordinary act of your 
accustomed goodness and charity (for in truth I am very poor) by 

Honored Sir &c 

JNO URMSTONE 



[From Calendar op Virginia State Papers. Vol. 1. p. 170.] 



MESSAGE OF GOV. SPOTSWOOD TO THE 11. OF BUR- 
GESSES IN REGARD TO THE RELIEF AFFORDED 
THE PEOPLE OF N. CAROLINA. 

Dec^ember T*** 1713. 
M' Speaker & Gen*- of y* 

House of Burgefses — , 

I herewitli send you a particular Ace* of what 

has been expendcnl out of the sum, you appropriated last session for y* 

Relief of N** Carolina, & as ye proper vouchers that accompany it may 



COLONIAL RECORDS. 79 



sufficiently tentify y* there has been no Fraud, so I'm [>ersuaded each 
Article will show that there has been neither Extravagance nor Negli- 
gence in ye Disbursements & I can further assure you, y* every material 
expence has been always first resolved on in Council — I have not only 
supplyed that distracted Province w"" more cloathing than their Presd* 
asked, & furnished whatever Ammunition & Stores of war he wrote for, 
but have also prefsed that Govern™* by repeated letters to give me a meet- 
ing at such time & place as their Pres*** should think convenient, in order 
to concert the most effectual measures for our assisting them : & even at 
last, to urge them to it, I undertook in ye depth of winter a journey to 
South Key. but it was thought fitting to send to meet me then only two 
Persons, who had no other Powei*s, than to receive y* cloathing, and to 
hear what I had to propose, & those Deputys plainly declared, that if I 
marcht any men to their assistance, I was not to expect from their Coun- 
try, any Provisions for them, & that tho their Afsembly by their address 
(w*** moved you Grent* of y* House of Burgefses, to grant the supply last 
Session) had solemnly promised to provide the same, yet would not their 
Government agree to give the least securit}^ for reimbursing me, if I did 
find out means to furnish the Provisions — Thus have I been necessitated 
to confine my undertakings against ye Tusc()roura Indians, to this side 
of Roanoke River, where I might have it in my power to subsist the 
men, that were commanded out — : & as I have in this service, chiefly 
made use of the Rangers, who are paid by another fund, & of our Tribu- 
tarj' Indians, who are always willing to march out for small Rewards, I 
have not ex|>ende<l half the sum I was entrusted with — But seeing that 
after all my zealous Endeavours & the Trouble & Exj>ence, I have myself 
for these 3 years last past been at in behalf of our neighbours in N° Caro- 
lina, they have continually frustrated my Designs & put the worst con- 
strutlion upon them, how honestly or affectionately soever I laid them 
for that Countrys' Service, I must now desire to surrender my Trust, not 
doubting but the seven hundred & mid j)ounds \y^ remain, can be readily 
applyed for the Security & l)enefit of such of her Mat^ Sub*" as will not 
prove ungratefull — 



80 COIX)NIAI. RECX)RDS. 



[Reuords of Genkral Court.] 



RECORDS OF GENERAL COURT, 

North Carolina ss 

At a Gen" Court holden for tlu» province af!s* on Tuesday 31 March 

Anno D-* 1713 

( The Hon Christo (iale C. J. 
Psent { Thos Miller ) j ,. 

(^Capt J no i'ettiver j 

And then the Court adjourned till y* mon-ow morning Eight of the 
Cl(x»ke. Wednesday Eight of Cloc'ke the Court iueet*<fe satt 

Psent utt supra. 

Antho Hatch Esq' one of her Matycs Justices of y* peace for this 
Governm* Tooke & subscribed y® several 1 oaths by law appointed for his 
Due Qualificacon together w*** y* oatli of a Jusiii'C of j>eace and took his 
place at y* Ix^ard 

And then the Court adjourne<l for an hower att an hower the Court 
meet & satt 

Nath : Chevin Es^|' attorney of Co" Itob* Quarry Es<|' [)ersonally canie 
into Court & acknowledged the Sale of a plantation and tnxvi of land 
containing ilour hundnxl acres lying on y* s** W side of little river in the 
pVinct of pe<|uinians unto Cap' Rich** Sjuulerson 

Onlered to l)e Registereil 

V\nm i)etition of John tfbrree producing therew'*' an assignm* from 
Mary Whitte widd° i& ivlict of vincent Whitte Decil: to the right of 
adniinistracon on the gCKxls and Chattclls of y* Deed: 

Orderetl that the said Jn** ilbrrey have adiuinistracon on all and singu- 
lar the Gooils and Chattclls of v* said vinwnt white Deed and that 
Antho Markuni Sen' Antho Markuni Jun Tho' Mackreel & Jn** Meades 
or any three of them : Inventory & apprize the Estate of y* said vincent 
Whitte lU'^ the sjuue shalbe shewiM.1 unto them l)y the administrator being 
first thereunto sworne lx?fore a Magistrate The Gent of the Grand Jury 
were sworne & are as folio weth (viz') 

M' Jn** Jonlan : M' ElxMiezer Whitte M' Rich** Burtenshaw Sen M' 
Mathew Midp^tt M' (ieo Harris Mr Ikirtho: Phel|Ks M' Sam* Paine M' 
W- Carsi'well M' Jn" Frueailc M' Jn" Harsell M' TIk." Avery M' Jn'* 
White Sen M' Jn" White Jun' M' W" Jones M' Thomas Hicks M' Pat: 
Eggerton M' Jn'' Clarke M' Jn° Hicks M' tfra : Hendrick 



COLONIAL RECORDS. 81 



Co" Tho* Boyd Esq' Conies to proc his suite ag* Cap' \V" Bray : and 
saith that the Del*' Stands Justly Indebted to the p*' in the full Sume of 
fforty shillings: w"** from him he unjustly Detaineth &c: and the Def 
being Called to make answer ^thereunto (sime not Whereupon the p** 
prayd an attachni' ag* the Estate of the Def ' which was granted. 

Coll Tho* Boyd Esq' comes to pros his suite ag' Dan* MacKee: and 
Bartho: Phelps in a plea of Debt: and Saith that The Defls stands 
Justly indebted unto him the pP in the full Sume of Tenn pounds cur- 
rent money of No: Carolina and the Def* in jKjrsons appeares and con- 
fesses: fore one Barrill Stone Pitch & one Barrill of good sound Beafe 
and one good young Gentle cow & calfe according to the Condition of 
the obligation 

Ordered that the said Def** pay unto y* s** Co" Tho* Boyd : pP one 
Barrill Stene piteh one good sound Barrill Beafe & one young Gentle 
cow and calfe with Costs alias Exe. 

Capt' Jn® Petiver Esq' comes to proc his Suite ag' Bartho: Phelps: 
in a plea of Debt and Saith That: the said Bartho: Stands Justly In- 
debted unto him the s** Jn° the full Sume & quantity of Three Barrills 
of Pitch to be Delivered att his the s^ Johns Landing as by his noat 
under his hand into Court brought may appeare and the said Def in 
person Came & Confesses according to specialty. 

Ordered that the said Bartho : Phelps pay unto Jn° Petti ver Esq' the 
Said Sume and Quantity of three Barrills of Pitch Delivered at his y" 
Said Jn° Pettivers Landing according to Specialty w"* Costs alias Exa. 

Cap' Jn* Petti ver Esq' comes to pros his Suite against Jn° Snell in 
a plea of Debt and Declares for the Sume and quantity of nine Barrills 
of Marchantable Pitch w°** to him he oweth : & from him unjustly De- 
taineth &c: as in and by his noate under his hand into Court brought 
may appeare and the said Def in })erson appeares and confesses. 

Ordered that the said Jn" Snell pay unto John Petti ver Esq' nine 
Barrills of Man^hantable Pitch according to Specialty with Costs alias 
Exa 

Lett Execution l)e stayed for three months 

A power of attorney : from Nath : Pirkins of Boston to Cap' Jn** Pet- 
tiver Esq' was proved in Court by the oath of Tho* Parris and ordered 
to be recorded 

Nath: Perkins of Boston by: Tho' Snoden his Attorney: Comes to 
pros his Suite ag' Robt Coomes: in a plea of Debt: and Declares fore 
y* Sume of Three pounds four Shillings and Six penc»e w"** to the said 

11 



82 COLONIAL RECORDS. 



Natli : Pirkins he oweth & from him unjustly detaineth &c aud the said 
Def * in person appeares & Confesses 

Ordered that Rob* Coomes pay unto Nath Pirkins y® sume of Three 
pounds four Shillings & Six pence with Costs als Exe 

Nath : Pirkins by Tho* Smxlen his attorney comes to pros his Suite 
ag* Rob* Coomes in a plea of Debt and Declares for the Sume of ffitty 
Shillings w*"** to him he oweth: and from him unjustly Detaineth &c 
and the Def* in person appeares & Confesses 

Ordered that Rob* Coomes i)ay unto Nath Pirkins the said sume of 
ffifty Shilling according to Si>e<Halty w*** Costs als Exe 

Tho* Snoclen Comes to pros his Suite ag' Rob* Coomes in a plea of 
Debt and Saith That the s^ Def* Stands justly Indebted unto him y* p^* 
in the full Siune of ffifty Shilling in good marchantable frash porke and 
the said Def* appeares in person and Confesses accordingly. 

Ordered that Rob* Coomes pay imto the Said Thcj" Sno<len the said 
Sume of ffifty shillings in porke according to Specialty with Costs als 
Exe 

W" Robbison and I^aurana his Wife personally Came into Court and 
acknowledged the assignem* of a pattent containeing four hundred forty 
five acres of I^and lyeing in pascotank p'cinct to Rob* Keelt : 

Ordered to l)e rc^istennl 

A Will of Alexander Smith Deed: was provwl in Court by theoatbes 
of (tco. Haughton Josliua porter and W" Smith Evideiux^ thereunto. 

Th</ Harris by Thos. Snoden his attorney Comes to pros his Suite 
ag*: E<lw'* Willams from an Importance the last Court an<l Saith That 
he y* Sd Tho' the first day of August last })ast was Seizwl and possesse<l 
of a certaine phuitation and Tract of Land Lyeing aud being in y* p'cinct 
of Chowan within the Jurisdiction of This Court Containing one hun- 
dred Sixty Eight acres; As liis projwr & Rightful Inlieritance and 
being vSoe Seized & [X)ssesst as afs** tlie siiid Edw* afterwards (to witt) 
on the 28*** Day of the Said month of aug* with fon^t* & armes into tlie 
Same Did Enter & liini the s** Thos" thereof Did Disscase and tlie 
Cornc thereon vStanding & (iroweing witli Certaine Treasts Did fmsl 
Tread Down and consume and other thing to him Did Enorminous and 
i^* the |)eace of our Sovereigne Lady the Queen that now is and to his 
Grevious Damai^e tfec: and the Del** bv P]dw** Bonwi(;ke his attorney 
Comes aud Defend the fon* & Injury wlien &c whatsoever &c and for 
plea Saith that he is not Guilty and of this he putt*< himself upon the 
Country and the p** in like manner wherefore it was Comandwl the 
Marshall that he Cause to Come Twelve <fec whome <S:c bv whonie it(^ 



COLONIAL RECORDS. 83 



who neither &e and tiiere came (to viz*) M' Tho* Swann M' Tho* 
Harvey M' Angiistiue Scarbro M' Tho" Collings Mr James Thigg|)en 
M' Rich^ Stamp M' Jno Davis M' Rob' Keelt M' Rob' Temple M' Jn*> 
iforree M' Tho' passingham & M' W™ Ray field who being sworne say 
wee of the Jury find for the pi' Tenu pounds Damage with Costs 

Ordered that Eilward Williams pay unto Tho' Harris Tenn pound 
w"* Costs alias Exa Isaac Willson Comes by Tho" vSnoden his attorney 
comes to pros his Suite ag' Jn° Whittby and Declares for y* Sume of 
five })ounds Eighteen Shillings and one peny halfe peny in good Tarr: 
w*'** to him y* said Isaac: he oweth and fVom him unjustly detaineth &c 
And the Def being called to make answer thereunto Came not Where- 
upon the p*' by his attorney al** i)rayed an attac'hm' ag' the Estate of y* 
Def* w^ is Granted. 

Mosely vs Davis Cont. till next Court by Consent of pP & Def *. 

And then the Court adjourned for an hower 

att an hower the Court meet & Satt 

Ebenezer White: Comes to pros his Suite ag' Jn" Whittby in a plea 
of Debt and and Declares for the Sume of Ten poumls Ten Shilling w®** 
the s^ Def to him Doth owe and from him unjustly Detaines as in & 
by one Certaine lustrum' of writteing obligatory under the proper hmid 
of y* D^{^ here in Court brought Doth & May api)eare &c and the Def 
l)eing Called to make answer thereunto Came not whereui)on the pi' 
prayed an attachm' ag' y* Estate of y* Def w''** is Granted 

Edw'* Moseley : by Tho* Snoden his Attorney Comes to pros his Suite 
ag' Tho" Holmes and Declares for the Sume of nine i)ound Sixteen Shil- 
lings: And five pencx? w*'** the DaP by his Certaine Noate or bill under 
his proper hand to him the s"* p*' Doth owe & from him unjustly 
Detaineth &c : and the Def was Calleil to answer thereto but Came not 
whereupon the pi' prayed an order ag' the Marsh" 

Ordered that the Marsh" of Albemarle County have the body of the 
said Tho" Holmes att y" next Gen" Court als Judgm' ag' the Marsh" 
and the s* Marshall prayed an attachm' ag' the Estate of the s** Dut^ 
which was granted him 

Moseley v Jennett Con' by Consent 

Edw* Moseley: Comes to pros his Suite ag' Bartho: Phelps in a plea 
of l^bt and Siiith That the Def vStands Justly Indebted to him y* p*' in 
y* full Sume of Twenty Shillings Ac and the Y>^i^ in person appeares & 
Confesses 



84 COLONIAL RECORDS. 



OrdercHl that Bartlio: J^iielpo pay unto Eilw** Mo^ely Esq' the said 
Sunie of Twenty Shillings w'^ Costs als Exa 

Jn° Newman bv P>lw^ Moselev his attorney Conies to pros his accon 
ag* Ohadiah Rich in a plea of y" Case : and Declares for the Sume of 
Six pounds Two Shillings and Eight pence : by aoco* w*** the Def * from 
him unjustly Detaines and the Def* was Called to answ' thereunto but 
Came not Whereupon the p^* by his attorney afs"* prayed an attachm* ag* 
the Estate of y' said Def* which was Granted ac(X)rdingly 

Jn° Newman by Edw* Maseley his attorney comes to pros his Suite 
ag' Jn° Dunn in a plea of the Case and Saith that the Def* Stands Justly 
Indebteil to him the p^' in y* full sume of one pound Seventeen Shillings 
& a })enny for Siuidry good & wares by the p** to the Def* Sold & Deliv- 
ered the accx)* of w'^ is ready to be produ(^l, and the Def was Called to 
answer thereunto but Came not wherefor the p" by his s* attorney prayd 
an attach m* ag* the Estate of y' Def* w*** was Granted 

Jn° Newman by Edw'* Moselev his attorney Comes to pros his Suite 
ag* W" Willson Sawyer in a plea of Debt and Declares for the Sume of 
Eight pounds Curr* money of this province w®? to him he oweth & from 
him unjustly Detaineth &c and the Deft was Called to answer thereunto 
but Came not Wherefor the p^' by his attorney afs** prayed an attachm' 
ag* the Estate of the DeP which is Granted 

Upon : petition of Jn*" Whitte Sen & Jn° Whitte Jun' 

Ordered that the s** petition" l)e allowed thevSume of Eleven Shillings 
and Eight pence Each for their Traville & attendance being Sumon as 
Evidences by Tho" Harris ag' Edw** Williams in an accon of Tressjmss 

U|)on petition of Margreat Burnsby : praying to be aduiitted to Chuse 
hir Guardian Did of her own : volluntary and free Consent make Choyce 
of Joseph Oliver w®** is admitted of by the Court 

Jn° Newman Came into Court and proved an aoco* upon oath ag* Ju® 
Dunn fore the Sume of one pound Seventeen Shilling & a penny 

Upon petition of John Newman praying to prove his acco* ag* Obadiah 
Rich Did prove the same upon oath : amounting to y* Sume of Six 
pounds Two Shillings & Eight penc^. 

Sam' Holland march' of Boston bv Tho* Snoden his attorney Comes 
to prosecute his Suite ag' Isaac Willson of a plea That he doe render 
unto him the said Sam^ y^ Sume of if<r>rty four pounds fourteen Shillings 
& Six pence which to him he oweth & from him unjustly Detaineth &c. 
and Saith That he the Said Isaac Stands Justly Indebted unto him the 
s"* Sam' in the full & Just Sume of fforty ifour pounds forteen Shilling 
& Six pence payable in good marchantable wheat Porke or Pitch as in & 



CX)LONIAL RECORDS. 85 



by an aooo* bareing Date att Divers times from the ninth day of flTeb^ 
one Thousand Seven hundred & Seven untill the Twenty firs day of 
ffeb'y one thousand Seven hundred & eight ready to be produced in Court 
rehition Inking thereunto had Doth & may more fully appeare NevertJie- 
less Isaac y* afs** Sume of fforty four pounds ifourteen shillings & Six 
l>eiu'e to the s'* Sam^ hath not payd : but y* same to pay hath hetherto 
refused and Doth as yett refuse &c. and the Def by Edw"* Bonwick his 
attorney: Comes and Defendes the foR« & Injury when &e: and Saith: 
That for the InsufBcienees and Imperfections in the p*" Declaracon he 
this Def* cannot neither by y* Law of y* land is he l)ound to make answer 
tliereunto and this he is ready to averr wherefor want of a Sufficient 
Declaracon and Sufficient matter therein to l)e contained he the said I>ef* 
prayed Judgm* if y* pi' afs"* his at^)n afs** by the law ought to have & 
mainetaine &c. 

Et pro : Causis 

ffi>r that the pP Does not vShew in his Declaracon w* the Debt in the 
D(K*: mencon was Contracted for and y* pi' by his Attorney: afs'* Saith 
that his Declaracon is gCM)d & valid in I^aw and prays as in & by the 
Declaracon &c — Whi(Ji beintr Considered by the Court the Said Demur- 
rer is allowed good : Whereupon it is 

Onlered that y* Suite be Dismist & the p*' pay Casts alias E" 

Jn° Jones assignee of dame Cath : Hyde Comes to pro* his Suite ag' 
ERasnuis Harsleff in a plea : of: Debt and Saith That the Def ' Stands 
Justly Indebted to him y* pP soe qualifyed in y* full & Just Sume and 
quantity of Six Barrills of Pitch : as by a Certain Noat or Bill under 
his proper hand may appeare Ac and the Def in jwrson api)eares & 
Confesses 

Ordered that Erasmus HarscleflP pay unto John Jones in y* qualifica- 
tion afs'* the Sume or quantity of Six Ban** of Pitch alias E"* Ijott Exe- 
(•ution be Stayed till Chrismass next 

Jn** Jones assignee of dame: Cath Hyde: comes to prose his Suite ag' 
Jn" Relfe in a plea of Debt and Declares for the Sume of: Twelve 
j>ounds Curr' money of this provinw w"** to y* p^' in that qualificacon he 
oweth ; & from him unjustly Detaineth &c and the Def* was Calle<l in 
the useall form but Came not Whereujx)n the p^' prayed attachm' ag' the 
Estate of the S* Def w^** is Grante<l 

And then the Court adjourned till the Morrow morneing Eight a 
ChK»k 



86 COLONIAL RECX)IIDS. 



Thursday Morne Eight a Clock the Court Meett & Satt 

A Convayaucc of a Tract of Land wa.s acknowledged in open Court 
by Harris willoby & niary his wife according to y* Custon of this prov- 
ince unto ffra Laydaine 

Ordered to be Registered 

Edw"* Bonwicke Esq' her Ma*^" Attorney Gen" comes to pros his In- 
ditttu*ag' Christo Duddley : (a*' ) Christo Duddy of y* p'ljinct of Cho- 
wan planter and Saitli that he the Said Christo : Duddley : the tenth day 
of Jan'y anno D"* 1712 att Chowan af"^ : with forw & arms to witt) with 
swords staves and knives on the IkkIv of one W" Jones (by lawfull warr* 
being authorised and made arrest mast<T in the Execution of his Said 
office then and there being he the s** Christo: Duddley not rt^rding the 
authority to the said W™ Jones Granted) Did make an assault and him 
the s* W" Jones then and there did beat wound and evill entreat Soe that 
his life it was Despaired and other enormities to him did doe ag' the peace 
of our Soveraigne lady the Queen &c : and the Def * by Edw^ Moseley 
his attor Comes & Confesses and throwes himself upon the mercy of the 
Court w^ being Considered by the Court here 

Ordered that y*said Christo: Duddley be fined the Sumeof Ten Shil- 
lings and that he give sufficient Se<*urety for his goo<l l^ehaviour till the 
next Gen" Court & for his appearance thereatt 

Henry Pendleton being bound over by recc^nizan(^» to this Court made 
his appearance & is Dismist without Day 

A Deed of Sale from Tho* Towers & Cath his wife of a Tract of land 
lyeing on y* sand banks was acknowledged in Court in y* useall forme by 
y* s'* Tho' Towers & Cath his wife unto Erasmus Harseleff - 

Ordered to Ix; Registered 

A iK)wer of attorney: from Cornelias Rattleft' to M' Ja: Tookes 
March* was proved by the oath of Henry Pirkinson and ordered to be 
recordetl 

Maj' James Cole« Exhibitted an acco* of his administracon on the 
Estate of David Harris Dec;* Wherein he appeares to be fifteen pound 
fFour Shillings & Sevenpence Indebted to y* said Estate 

A power of attorney : from Micajah Perry & Comp* Maixjh" of Lon- 
don to M' Lewis Conner March' of Virginia proved and attested by the 
Notary Publick was produced to this Court and ordered to be recorded 

Edw'* Bon wick* Es(j' her Matyes attorney Gen" Comes to prosecjute 
tlie presentm* of the grand Jury ag' Mary Brothers otherwise ceiled 
Mary Brothers of y* pVinct of pas(;otank in y* provinire afs^ Spinster for 
that She the Said Mary Brothers the last day of July Anno Dni 1712 



COLONIAL RECORDS. 87 



att Pascx>tank afs* was Delivered of a Bastard Child ag' the peace of our 
said Lady the Queen and ag* the forme of y* Act of assembly in that 
Case made & provided &c and the Said Mary Brother Came and Confest 
to the Said Indittem* and upon her Oath: Did Declare: Geo: Ellis to 
be the ffather of y* said Child 

Onlered that the s** Mary Brothers be punished by receiving Twenty 
one Stripes on her back or pay ffifty Shilling according to the forme of 
an act of assembly made & |)rovided 

Whereupon : Dan* Guthrie Came and assumed j>aym' of the s'^'fine of 
ffifty Shillings 

M' Jn* Ijovicke being bound over to this Court by re(x>gnizance made 
his appearance and is dismist without day 

Robison V Oliver Continued till next Court by Consent of Def* and 
pi" attorney 

Tho* Peterson by Edw* Moseley and RlV* Bonwick liis attorneys 
Comes to prosecute his Suite ag* GtK) Harris and Saith that the s'* Def* 
stand Justly Indebted to the p** in the full Sume of nine pounds Thir- 
teen Shillings & Ele\:en pence by his assuration for & on acco* of David 
Prichard Deceased and the Said Def appeares and Confesses w*** halfe 
Costs 

Ordei'ed That Geo : Harris pay unto Tho* Peters(^n Esq' the Sume of 
nine pounds thirteen Shilling & Eleven pence w*** halfe Costs of Suite 
alias Exa 

Cap* Jn* Petti ver in open Court acknowledged y* Convayance of a 
Tract of Laud lyeing on the South Shori* in the pVinc^t of Chowan unto 
M' Antho: Hatch and M' Geo: Durant 

Ordereil to l>e Registered 

Joseph Jordan : Comes by Edw** Moseley his Attorney to pros his 
Suite ag* W" Willson of a plea of Tresspass upon the case and Saith 
That The Said W" Willson Evilly Intcn<ling and Maliciously purjwse- 
ing to Take away and destroy the good name fame Creilditt Estamation 
& repute of him the s** Jos: & also: to bring him the s^ Jos: Innocently 
into Danger of forfeiting all and Singular his Chattk^s i^nd & Tenements 
of Loseing of his life the ffifth day of Jan'y A*"" D"' 17^ at new: l>egun 
Creek: in the p'cinct pascotank : & w^'^in the Jurisdiction of this Court 
These false feigned Scanderlous malicious & abrobrious words following 
(then & there having Speech & Comiinieacon w*** Divers faithful 1 honest 
and worthy persons of this Goverm* and with the said W" of & Con- 
oerneing a report that Eliza: the wife of the said William had Spread 
Concerning the Said Jos: Jordan to wit That Jos: Jordan: (the p** 




88 CX)LONIAL RECORDS. 



meaneing) had broake open : a Chist : of a March" that lived at hi.s the 
Said Josephs house: and Stole a knife & Sold it to Jane Man) In p'sencre and 
hearing of divers of his neighbours and other faithful & Credible persons 
of this Go verm* then & there being p'sent and heareing openly & publiekly 
& w^ a loud voic^ did say affirnie and Declare : and publish to the said Jos : 
I say: So: too: Tis: true and: the Said William afterwards, out of, 
for, and to the Same Malice Envy : and Evill Intention on the Same day & 
yeare att New-begun Creeke afs** : in y* p'cinct afs"* : there other false 
feigned Scandalous Malicrious & abrobrious words following in p'sents & 
hearing of Divers of his Neighlx)rs and other faithful and worthy per- 
sons of this Govern!*: then and there being p'sent and heareing, o[>enly 
publiekly & w*** : a loud voice Did Speak Declare & publish to the Said 
Jos: Jordan (viz^) you (meaning the p^* are: a Thief and: He prove: 
you : so : (the Said PI* meaning) whereas in Truth : the s^ Jos : Jordan 
no Robery, Xlieft or ifelony ever Comitted or Perpetrated By reason of 
y* Said Saying Speaking and affirmeing of w"*" false feigned & Scandal- 
ous words the s* Jos: is not only Extreamly hurt & Damlifyed in his 
good name fame CretHtt & Estamacon afs^ : amongiie his neighbours & 
other faithfuU & honest persons of this Goverm* w*** whonie the 
Siid Jos: used to keep Company & familorlily but also Innocently to l>e 
brought into Danger of of forfeiting all his Chatties Land & Tenem** 
and of looseing his life whereby the s** Joseph Saith he is Damnified & 
hath damage to y* valine of ffive hundred pounds and thereupon &c and 
the s** Def* by Edw^ Bonwicke his attorney Comes & Defends the 
force and Injury when &c and Saith that for the manifold Insufficiencies 
Imperfections & uncertainties in the p^** Decl : and the matter therein 
Contained he the Def* Cannot neither by the law of the land is he bound 
to make answer thereunto and this he is ready to aver &c Et pro: Causis 
for that the p^* in his De(^l : afs** : hath not alleged any words that are 
acconable the words (you are a Theife and He prove you so;) l)eing all 
the words that is alleadged in the p'" Decl : ag* the Said Def* they im- 
port Something in Generall but in particular nothing for one may Im a 
Thiefe of Soe Smale a matter that the law takes no notice of w"^ : Demurrer 
being Joyned by the pi* : and Duely Considered by the Court : here it is 
there oppinion that the s* Demurrer l)e over Ruled and it is hereby over 
Ruled and because it Doth not ap|xsire to y* Court here w' : Damage the 
p^*: ha*^ Sustained by reason of the Tre.**j)ass therefor it was (-omanded 
the Marshall that he Cause to Come Twelve &c: whome &c: by whome 
&e: who neither &c: and there came to witt M' Tho" Swann M' 
Augustin Si^rbro M' Tho" Harvey M' Griffin Jones M' Tho" Pas- 



COLONIAL RECORDS. 89 



siiigham Mr Rob* Temple M' Jn"* ifbrree M' Jn° Man M' James 
Ward M' Alex S[>eiice M' ifni Beaseley & M' Truman M'hride who 
l)eing Sworne say we of y* Jury find for the p*' five pounds Damage 

Ordered that W" Willson pay unto Joseph Jonian y* Sunie of five 
pounds with Costs als Exa 

Co" William Reed Esc[' by VAw^ Moseley his attorney Comes to pros 
his Suite ag* Henry Slade of a plea : of Trespass and Saith That whereas 
the said Henry Slade the last week in mareh A"® D"^ 1710 by force & 
amies (fee: the lueloseil plantation of iiini the s'* W" in Conituek p'einc»t 
did break : and a Cow & Calfe there found by him the s'* Williams of the 
price of fifty Shillings did take & drive away and other Enormities to 
him he did &e rand the DefSvas called to answ' thereunto but came 
not Whereupon the p*' by his attor afs** prayed an order ag' the Marshall. 

Ordered that the Marshall of AH)emarle County have the l)ody of the 
Said Henry Slade Sen' att the next Gen" Court als Judgm* ag* the Mar- 
shall fore the Debt and Damages afs** 

and the said Marshall prayd an attachm' ag* the Estate of the Said 
Henry Slade w*^** is Ordered accordingly 

Jn^ Relfe was Called to pros his Suite ag' Jn" Trevwiile but Came not 
whereuj)on the Def pniyd an Non Suite w*"** wits Granted 

()rd(;red that the Suite Ik? Dismist and the pi' pay Costs alijis Exa. 

dame Cath : Hide adm' of y* g(Mxls & Chatties w*'' were the hono"* 
Edw'* Hides Escj' Deed Comes by Edw'* Moseley her attorney to pros: 
her Suite ag' Christo: Dudley and Saith the Def*" stands Justly In- 
debt^l to y* pi" quallified as afs** in y" Sume of Eight pounds for & in 
Consideracon of a horse by: the Said Edw** in his lifetime Sold & De- 
livered to the Def" and the said Def** in person appeares & Confesses 

Ordered that Christo Duddy pay: unto: dame Cath Hide atlm' of y® 
g(K>ds & Chatties of bono"® Edw** Hides Dee** the Sume of Eight pounds 
with Cost« alias Exa : 

Upon petition of Joseph peggs 

Order^l that y" s* Jos: p^gs be paid the Sume of five Shillings & 
Tenn })euce for his travill and attendance being Sums : as an Evidence 
by Jos : Jordan ag* W" Willson 

And now here att this Court Came Joseph : Glaister and for plea Saith 
non cull '^ pat : w®** being Joyned by the p** it was Comanded the Mar- 
shall that he Cause to Come Twelve &c: by whome &e who neither <fec 
and there Came to witt M' Tho' Swann M' Augustine Scarborough M' 
Tho" Harvey M' Griflen Jones M' Tho' passingham M' JJob* Temple 
M' Jn° fferree M' Jn° Man M' James Ward M' Alexander Spence M' 
12 



90 COLONIAL RECORDS. 



ffra Beaseley M' Truman M^bride who being Sworn Say we of y* Jury 
find for the Def* 

Ordered that tlie Suite be Dismist & the p^' pay Costs alias E" 

Henry Speller March* by Tho" Snoden his: attorney Conies to pros 
his Suite ag* Ju** Relfe in a plea of Debt and Declares for the Sunie of 
Twelve jwunds w^** to him he oweth &c and y*" Def ' Ijeing Calleil : Came 
not and the Marshall having returned a Cei)i Corpus on y* writte the s** 
p** by his attor af ** prayed an order ag* the s'* Mai'shall 

Ordered that y® Marshall of Albemarle County have the b(Kly of y° 
Said Jn° Relfe att y® next Gen* Court iUias Judgm' ag* the Mai'shall 

and the Said Marsh" pmyd an attjiehm* ag* the Dcf^ Estate 

Orderetl tiiat an attachm* goe out ag' the Instate of y" Said Jn° Relfe 
att y® Suite of y® Marshall of albermarle County for the Debt & Dam- 
ages aforesaid. 

Upon jKitition of Jacob Sherwood 

Ordered That the Said Jacob Sherwoixl be allowed the Sume of five 
Shillings & Ten pence for his Traville and attendance being Sunis an 
Evidence by Jos : Jordan ag' W" Willson 

M' Jn** Lovicke, attorney of dame Cath Hide adm' &c; Came into 
Court and acknowledged the recept of a Judgm* Confest by Christo: 
Duddley att this present Court for y* Sume of Eight pounds with Costs 

Tho* Swann of y* p'cinct of pascotank : Marcht : Comes to pros his 
Suite ag* Obadiah Rich : of y' p'cinct afs** and declares fore y* Sume of 
Three pounds Ten Shilling & Six pence w*'^ to him he oweth: &c: and 
the Def* being Called Came not whereupon the s** p*' prayd an atta^Jim* 
ag* the Estate of y* Def ' which was Granted 

Ordered y' an attachm* Issue out ag* the Estate of Obadiah Rich att 
y* Suite of M' Tho" Swann for y* Debt afs** with Costs of Suite. 

Tho* Swann of pasquotank : p'cinc^t Comes to pros: his Suite ag* James 
McDaniell of y* s** p'cinct in a plea of Debt and vSaith That the Def* by 
one Certaine lustrum* of writting obligatory under his proper hand 
became Indebted to him y* s** p" in y* Sume of tfour pound Six Shil- 
lings & five pence and y' Same to render Doth refuse &c: and the Def* 
being Called to answer thereunto Came not and y'' Marsh" having 
retuj^ned a Cepi Corpus on y* writte y* pi' prayed an order ag* y* Marsh" 

Ordered y* y* Marshall of Albemarle County have y' Ixxly of y® said 
James McDaniel at y* next Gen" Court alias Judgm* ag* y* Marshall 

and the Said Marshall prayed an attachm* ag* y* Estate of y* Def* 
which is Granted and ordered accordingly 



COLONIAL RECORDS. 91 



Tho* Swann of Pasquotanke Comes to pros : his Suite ag* Jn* McDan- 
iell of y* same place in a plea of Debt and Declares for y* sume of Two 
pounds Two Shillings & nine pence w*^ to him he oweth & from him 
unjustly Detaineth &c: as by his Ccrtaine writteing under y* proper 
hand of y* Def ' may appeare and the Def * being Called to answer there- 
unto Came not and a Cepi Corpus being returned on the writte y* pP 
prayed an order ag' y* Marshall. 

Ordered that y* Marshall of Albermarle County have the body of y* 
Said Jn° McDaniell att the next Gen" Court alias Judgm* ag* the Mar- 
shall 

And y* Said Marshall prayed an attachm* ag* y* Goods & Chattells 
of y* Def* which is Granted and ordered accordingly 

and then the Court adjourned till the Morrow morning Eight of y* 
Clocke 

tfryday Morne the Court meet againe according to adjournm* & Satt 

Martin ifranck by Tho" Snoden his attor Comes to pros his Suite ag* 
Jn*" Smith march* and Declares for 4£ as ^ warr: and y° Marshall 
haveing returned an non est Inventus on the writte y* p** by his attor 
afs** prayd an attachm* ag* y* Estate of y* Def* which was Granted. 

Tho' Peterson : Esfj' factor to Tho' Bayfield and new Pisilvania 
Comp* by Edw** Bonwicke and Pklw* Moseley : his attorneys Comes to 
pro' his Suite ag* Eman* Lowe: and W™ Vaughan in Comp* in plea of 
y* Case: and Declares for y* Sume of ninety ponnds for & in Consider- 
ation of y* Hull : of y® Sloop : Ronoak : March* by the pi* Sold & 
Delivered to y* Def** in Compa and also y* Sume of Ninety four pounds 
in Consideration of ancho'rs Cables Sailes rigging &c: by y* Said p*** 
Sold & Delivered to the Def** in Company as ^ agreem* the 22** of aug* 
1709: all of w** amounting to y® Sume of one hundred Eighty four 
pounds : &c : and the s* Def** appeares & Confesses 

Ordered that Eman* Lowe & W" Vaughan in Comp* pay unto Tho' 
Peterson Esq' in his afs** Capacity the Sume of one hundred Eighty four 
pounds Vvith Cost.s alias Exa 

W" Vaughan & Company by Tho' Snoden their attor: Comes to pros 
his Suite ag* Roland Buckley : and De(Jar for the Sume of Two jK)unds 
Two Shillings and Seven {^ence by acco* as in and by the S* acco* Doth 
& may appeare &c : and the Def* being Called Came not whereupon y* 
pi*' by their attor af** prayd an an attachm* ag* ye Good <fe Chatties of y* 
Def** w*** is Granted ancj ordered accordingly. 

Nath : Pirkins March* of Boston l)y Tho' Snoden his attorney comes 
to j)ros his Suite ag* Richard Burtenshell in a plea of Debt and Saith that 



92 CX)LONIAL RECORDS. 



ye Def* by one lustrum* of writteing obligatory under his hand Doth 
owe and Stand Justly Indebted unto y* p**" the Sume of Eleven pounds 
five Shillings and the same from him unjustly Detaineth &e: and 
the Def ' by Edw^ Bonwicke his attorney Comes & Confesses for y* Sume 
of Two : pounds & Six pence. 

Ordci-ed : That Rich** Burtenshell pay unto Nath : Pirkins y° Sume of 
Two pounds & Six pence with Costs als Exa 

Peter Marshe : was Called to pros his Suite ag* Geo : Cooi)er but Came 
not whereupon the Def* by Tho' Snoden his attor: prayd an non Suite 
ag* y« p»t 

Ordered that y® Suite be Dismist & y* p^' pay Costs als Exa 

Sani^ Holland march' of Boston by Tho. Snoden his attorney Came to 
pros his Suite ag* W" Luifman in a plea of Debt and Declares fore tlie 
sume of five pounds Eighteen Shillings w*"** to him he oweth and from 
him unjustly Detaiueth Ac: and the Def* was Called but Came not and 
y* p^* by his attor afs** prayed an order ag' y" Marsh" 

Ordered that y* Marshall of Albermarle County have y* Ixxly of y* s"* 
W"* Luifman att y® next Gen" Court als Judgm' ag* y" Marshall. 

and y* Marsh" prayed an attaclim' ag* y* Estate of y* Def* \v^ was 
granted and Ordered to Issue 

Tho* Si)encer being lx)und over to this Court by recognizance made 
his appearance and is DismFst without day 

Tobias Knight Esq', by Edw^ Moseley his attor Com(« to pros his 
Suite ag* W™ Houghton in a plea of y* Case : and Saith that y* De£^ 
Stands Justly in Debted to y® p" in y' Sume of one jx)und Ten Shillings 
and Six pence and y° Same Doth refuse to render &c : And y* Def * was 
Called but came not, Wherefore y* p^* by his Said attorn prayed an ord' 
ag* y* Marshall 

Ordered that y® Marshall : of y* County of Albermarle have y* body 
of y® said W™ Houghton att y" next Gen" Court als Judgm* ag* y* Mar- 
shall 

and the said Marshall prayed an attach m' ag' y* Estate of y* Def w"*" 
is Grant<Kl and onlere<l accordingly 

Blish V Sparrow attach m' Continued 

Jacob : Overman of y* p'cinct of Pasciuotank : Comes to pros his Suite 
ag* George Scarbrough in a plea of Deb* and Saith that y* Def* by his 
writteing obligatory under his hand &c Did acknowledge to one& Stand 
Justly Indebted to y*' p'* in ye Sume of one pound Seventeen Shillings 
& Six pence in frc»sh porke and y® same Doth Deny & refuse to render 



CX)LONIAL RECX)RDS. 93 



&c : and the Def * was Called but Came not and a Cepi Corpus being 
retiirncil on y* writt<? y* pP prayed an order ag* y* Marshall 

Ordered that y* Marsh" of all)erniarle County have y* body of y* said 
Geoi^o Soarbrough att y* next Generall Court als Judgni* ag* ye Marsh" 

an<l y* Marsh" prayed an attach ni* ag* the Estate of y' Said Georg 
Scarbrough w®** is Ordered to issue ae(»ordingly. 

Jacob Overman of jmsfjuotiink : Comes to pros: his Suite ag' W" Scar- 
brough in a plea of Debt: and Declares: for y* Sume of: one pounds 
Two: ShiHings & Eight pen«? in fresh j)ork: w*** to y* P" y* Said Def* 
Doth owe & from him uniustlv Detaine Ac and the Def* was Called but 
Came not according to returnc of y* writte wherefor y^ j)^' prayed an 
order ag* y® Marshall 

Oitlered y* y* Marshall of y® County of AllxTraarle have y* bo<ly of y* 
Said W" Scarbrough : att y'' next Generall Court als Judgm* ag* y* 
Marshall 

and y° Marshall prayed : an attachm* ag* y* E«?tate of y* Said William 
Scarbrough w"* is ordered to Issue accordingly 

M' Henry Swann C'omes to pro' his Suite ag* Cap* Tho* Collins of 
V^ p'cinct of ijcquimans of a plea of Debt and Declares fore y* Sume of 
one pound Eighteen Shillings & four pence w*** to him he oweth &<*: and 
y* Def** was Called and Came not according to retunie of y* writte 
whereu|>on y* pi* prayed an order ag* y* Marshall 

Orderixl that y* Marshall of y* County of all)ermarle have y* bcxly of 
y* Said Def*" att y' Next Gen" Court al' Judgm* ag* y* Marsh" 

and y* same Marshall i)rayed an attachm* ag* y* Estate of y* afs** Def* 
w*"** is Granted and ordered accordingly 

Mayo V Musheo in Debt Dismist: 

Stamp : assignee v. Hartley in Debt C^nt : 

and then y* Court adjourned for an hower 

att an hower ye Court Satt againe 

an now here at this Court api>eared Jos: Glaister to y* Declaracon in 
Ejectione firme for Seventy live: acres of land with the appurtenances 
<tc: Lyeing on Nobl)s Cr(K)k Creek: according y* order of y* Last Court 
and for pleji Saith Non Cull ^: pat: whereujK)n it was Comanded y' 
Marshall y* he cause to Come Twelve &<! whome &c by whome Ac : who : 
neither etc and there Came to witt : M' Tho* Swann : M' Augustine 
S<'arbr<)ugh M' G^Mffith Jones M' Tho" Harvey M' Tho" piiasingham M' 
Ilob* Temi)le M' Jn^ fferree M' Jn** Man M' James Ward M' Henry 
S|H»ller M' tfra Beasely and M' Truman M'Bride who being Sworne Say 
we of y* Jury find for the Def* 



94 CX)LONIAL RECX)RDS. 



Ordered that y* Suite be Dismist & y* p** pay Costs a** E" 

Peterson v Lakar : Case : Continued by Consent 

Glover v Cheaves: Trespass: Continued by Consent 

Cap* ffra* : Jones . of y* Collony of virg* by Edw* Moseley his attor- 
ney comes to pro* liis Suite ag* Enian* Cleave: Latte provost Marshall of 
y* County of Bath in an aecon of Detinue and Saith : That whereas: y* 
Said ffrad formerly: to witt, y* ninth day of: July in y* Court of o' 
Soveraigne Lady y* Queen, before William Gray Escj' and his associates 
the Justices of her y* said I^ady y* Queen : of y* County Court of Bath : 
at Bath Town : by y* Consideracon of y* Same Court had recovered ag* 
one Co" Tho" Cary : by y* name of Co" Tho' Cary : as w^ell a certaine 
Debt of 49: 19: 11 as of 6-12-6- Costs: whereof he was Convicted as 
by record and process thereof : in y*Said Court afs* manifestly appeareth: 
upon w*^** Same Judgm* the S"* ifra** for y® more Speady: recovery of his 
Deb* & Costs afs** afterwards viz' the ninth Day of July Anno: D"* 
1712 had pro" out of v* afs'* Court of y* Said I^aily y* Queen afs"* a cer- 
taine writte of y* Said Lady y* Queen of: causing to l)e made ag* the 
Said Co" Tho' Cary to the then provost Marshall of Bath County . 
Derected, by w*** Said writt the Same now : Lady y* Queen to y* S* 
Then provost Marshall of Bath County Comanded, y* of y* good & 
Chatties of y* afores** Co" Tho' Cary: in y" Coiuity afs** he should Cause 
to he Levyed— as well a Certaine Debt of 49 : 1 9 : 11 : w^*^ y* Said ffra* 
had recovered in y® County Court of Bath : ag* him as y* afs* 6-12-6 : 
Costs : and that he Should have that money to render to y* Said ffrad 
Jonas for his Debt & Costs afs** and that at y* returne of y* Same writte 
before y* afs* Justices of y* Said County Court of Bath the afs* Eman* 
Cleaves then provost Mai'sh" of y* afs"* County of Bath returned y* writte 
afores*) to him in forme afs** Derected (That is to say) That he y* Same 
then Provost Marsh" of Bath County by vertue of y* Same writte had 
Taken Divers goods & Chatties w*'** were of y' afs** Co" Tho" Caryes 
to y* Value of y* Debt & Costs afs"*, That is to say one negro man one 
old mainc vSaile one old fore Saile one old Jebb: by w*'^ accon Did grow: 
to y* Said ffrd^ Jones to Exact and have of y* Said Eman^ Cleaves the 
goods & Chatties afs"* to y* value afs** Notwithstanding ye Said Eman^ 
Cleaves altho. often rc<|uestcd the goods & Chatties afs** to y® value afs* 
to y* Said ffra** Jones hath not Delivered, Ac: and y* Deft was Called to 
make answer thereunto but Came not accHjrding to returne of y* writte: 
whereupon y* pi* by his attorney afs** i)rayed an order ag* y* Marshall 

Ordered y* y* Marshall of y® County of I^ath have y* Ixxly of y* said 
Eman^ Ck^vi^s att y" next Gen" Court a^' Judgm* ag* y* Marshall 




COLONIAL RECORDS. 96 



and the Marshall prayed an attaclini' ag* y* Estate of the Said Def* 
w®** is Granted and ordered accordingly 

Goodlatt Ex" v Nickollson Ejectm' Continued 

Chevin v Earley adra' case Continued 

Jonathan Standley & Elizabeth his wife pei'sonally Came into Court 
and acek"^ a Convayanoc of a plantiition & tract of land lyeing on y** s° 
w* side of little river in y* precinct of pequinians unto Cornelias Rattlelf 

Ordered to be registered 

M' Tho* Parris of y* precinct of j)ef|iiinians by Tho* Snoden his attor- 
ney : Conies to pro* his suite ag' Soll° Jordine in an accon of Trover & 
Conversion and Declares of a lK)at of y*^ value of Ten : |)oundH w*'*' by 
finding Came to y° possession of y® Def * and y® said Def ' by Edw"* Mose- 
ley his attorney : Comes and Confesses for Nine })ounds 

Ordered that SolP Jordine pay unto Tho" Parris the Sume of nine 
pounds with Costs a*' E" 

Lett Execution be Stayed till y* tenth day of December next. 

Nath : Chevin Esq' Comes to pro" his suite ag* Co" W" Reed Esq' in 
a plea of y" Case and Declares for y* Sume of Twenty nine i)ounds five 
Shillings for Certain Indian Slaves by y® publick : Sold & Delivered to 
y* Def* and in Consideration thereof the said Def* Did assume well & 
Truly to pay y* af^ Sume of Twenty nine pounds five Shillings into y* 
hands of y* Said Nath: Chevin: for y* use of the publicke who was 
fully authorized and Impowered to require and receive the same never- 
theless &c : and the Def* by Edw* Moseley liis attorney Comes and for 
plea Saith, that he did not assume in manner & forme &c: whereupon it 
was Comanded the Marshall that he cause to Come Twelve &c : wliome 
&c : by whome &c : who neither &c : and there came to witt, M' Tho* 
Swann M' Augustine Scarbrough M' Griffith Jones M' Tho" Harvey M' 
Tho' passingham M' Rob* Temple : M' Jn*" fforree: M' Jn° Man M' J* 
ward M' Henr^- Speller M' ffra Beasely & M' Truman McBride who 
being Sworne Say we of y* Jur}' find for ye pi' 

Ordered that Co" W" Reed Esq' pay unto Nath Chevin Es(f for y» 
use of y* publicke y* Sume of Twenty nine pounds five Shilling w**" costs 
als Exa 

Tobias Knight Esq' & Cath his wife adm' of y® goods & Chatties of 
y' hono"* W" Glover Esq' Dec* by Edw* Bonwicke their attorney Come 
to prosecute their writte of Scire fa : ag* Jn° porter Esq' and Declares for 
a Judgm* obtained by y* af^ W™ Glover ag* the s* Jn*" port^jr for ye Sume 
of one Thousand pounds Ster* &c and the Def* by Edward Moseley his 
attorney: Comes and Defends y* fore and Injury when &c: and prayes 



96 CX)LONIAL RECJORDS. 



Judgment of y* writte af"^ &i* InMiiuse he* Saitii that y® same is imperfect 
and Insufficient and Containes manifest variance in it Selfe and this he is 
ready to averr Whereby he prayed Judgm' of y" writte afores** &c: and 
y* Same being Considered by y" Court it is there oppinion that y® same 
plea is good to abate y* vSaid writte and it Doth hereby abate. 

Jacob: Overman: of y® pre(;in(!t of pasqnotank: by Edward Mose- 
ley his attorney wmes to pros his Information ag' William Willson 
Lawyer of y* p'cinct afs"* and Saith : That whereas in & by an act made 
for y* Good Governm' of this province Intitled (an act Consearning Ser- 
vants & Slaves amongue other things it is Enacted That whosoever Shall 
buy Sell Truck or Trade borrow : or lend to or with any Servant or Ser- 
vants Slave or Slaves w%ut y* Lycence or Consant of his or their mas- 
ter or owner : Shall forfeite and pay Tenn jK)unds to y* Master of y* 
Said Servant or Slave to Ixi recovered bv Informacon in any Court of 
record in this Governm' &c nevertheless the Said William W^illson y® 
S* act nothing minding or regarding but the Same and the authority 
thereof altogether Contemning & Dispiseing Did on or alwute y** 20'** 
day of December ano : 1 7^ without y'' leave or knowletlge of him y" 
Stiid Jacob Sell & Deliver unto a Man Slave to him belongen named 
petter a Turck(»y Cock to y** valine of five vShillings to y* Grate Damage 
of him y** Said Jacob & Contrary to y^ afs'' act and y" Def appeares & 
for pk»a Saith noii Cull: jkt: partrium wherefor it was Conianded the 
Marshall that he Cause to Come Twelve &c; whome &c: bv whome&c: 
who neither &c: and there Came (viz^) M' Tho" Swann M' Augustine 
, Scarbro : M' Griffith Jones M'' Tho" Harvey M' Tho" passingham M' 
Rob^ Temple M' Jn*^ fforrce M' Jn** Man : Ja: Ward : M' Henry SiKjller 
M' ffra Beaseley and M*" Truman McBride who Ixiing Sworne siiy we of 
y' Jury find him Guilty whereupon y" p*' prayed Judgm' on y^ ats** a(^ : 

Ordereil that W"* Willson be fineil y® Sume of Tenn j)ounds awording 
to the Tenor: of y° afs** act to l)e ])ayd to y*" Said Jacob Overman with 
costs: 

and the said Jacob Overman comes and remitts the fine afs** Except 
fforty Shillings on Condition that y* Said William Willson pay the ac- 
cruing costs which Ixjing Submitted to by the Def 

Ordered that y* Sume of Eight pounds part of y*^ afs** fine be remitttHl 
on y® afs* Condition and it is hereby remitted, and it also ordered that 
the Said William Willson doe pay inito Joseph Jordan: five Shillings to 
Rob* Cart writte Ten Shi 11 & Ten pence. 

to Joseph peggs and his wife one pound one Shilling & Eight pence 



COLONIAI^ RECORDS. 97 



to W" Cartwright y" Siime of Eight Sliilling & four j^ence for their 
Travill and attendance being Sumons as Evidence by Jacob overman ag* 
y* Said Will™ Willson als Executions Nath Ciievin Esq' Comes to pros 
his suite ag* Jn° Blish march' in a plea of Debt and Saith : That y* 
Def' by his Certaine writing obligatory under his hand Dat^ the 26*** 
day of March Ano Dni 1712 Did oblige himselfe well & Truly to pay 
unto the p'' y* Sume of Eleven pounds on or before y* tenth day of 
march then next Ensuing nevertheless: &c: and the Def by Tho' Snoden 
his attorney Comes & Confesses 

Ordered that M' Jn° Plish marcht: pay unto Nath: Chevin Esq' y* 
Sume of Eleven pounds with Costs als Exa 

Lett Execution be stayed till y* first day of August next 

a will : of Stephen Swaine dec** was proved in Court by the deposi- 
tion of M' Tho' Snoden attorney : of y* Dec** annexted to ye Said will 
to w*** he gave his oath in Court : and thereupon Edw'* Moseley attor- 
ney : of Sam* Sprewell Came into Court and in behalfe of y* Said Sam* 
Entered a Caveatt ag* the : propotte of y* Said will w** was admitted of: 
and referd to y* Court of Chancer}'. 

Griffith Jones : of pasquotankes Cumes to pros his Suite ag' Jn^ Creach : 
in a plea of: Case: aiid Saith the y^ Def SUuids Justly Indebted to y* 
p*' in y* full Sume of: Two: pounds Sixteen: Shillings & Tenpence fore 
Divers goods wares and marchandizes : by y® p" Sold & Delivered to y* 
Def ' &c : and an non est Inventus being returned on y* writtc y* p*' prayed 
van attachm'ag' y" Estate of ye Def w*"*" is Granted & Ordered to Issue 
accordingly 

Jii* Blish : march* Comes by Tho" Snoden his attorney to pros his 
Suite ag* Cap* Rich** Sanderson : of y* precinct of Coratuck in an accon of 
Trover and Conversion and Declares for Certaine Indian Slaves w'** by 
finding Came to y® possession of y'' Def *• and the Said Def by Edw** 
Moseley his attorney : Comes & pniyes an Importance : to y* next Gren" 
Court and he hath it and thereupon it is ordered that it be a Rule of this 
Court That y® Def* plea to Issue in fact y" next Gen" Court 

Jn° Blish & Comp* by Tho' Snoden their attorney: Comes to pros: 
their Suite ag' Cap' Kich** Sanderson in an aciion of Trover & Conver- 
sion and Declares for a Certaine Indian man : Slave called John Cone- 
w^ay V* in y" first day of apprill : they the Said p*** were possessed of as 
their own proper Goods & Chatties and y' afterward : (viz*) in y* month 
of June last past by finding came to y* possession of y* Said Def* and 
the Said Def by Edw'* Moseley his attorney Came and prayed liberty 
thereof to Importe to y* next Gen" Court and he hath it 
13 




98 COLONIAL RECORDS. 



and thereupon it is ordered that it be a Rule of this Court That y" Def ^ 
plead to Issue in fact : y* next Gen" Court 

M' William Swann came into Court and made Tender of a Judgm* 
obtained ag* him at y* Suite of our Soveraign Lady the Queen in July 
Court last for y* Sume of nine Shillings & one peny and allsoe one other 
Judgm* obtained ag* him at y* Suite of our Said Lady y® Queen in Octo- 
ber Court last past: for y' Sume of one Shi" and Six pence 

A will of M' Alexander Goodlatts Deed was proved in Court by the 
oathes of M' Edward Moselev : and M" Elizabeth Hecklefield 

Edw** Mdseley: Esq' Comes to pros: his Suite ag' Tho" Sjiarrow: 
Gent: in a plea of y® Case and Saith That y® Def Stands Justly In- 
debted to y* pi* in y® full Sume of forty one pounds Eighteen Shillings 
& Eight pence current money of No. Carolina as by acco* thereof here in 
Court brought Doth & may appeare &c: and y° Marshall haveing 
returne<l an non est Inventus on y'' writte y' p*' prayed an attachm* ag* 
y* Estate of y* Def * w'^ was Granted 

And then the Court adjourned to the Court in Course 

THOMAS MILLER JOHN PETTI VER C. GALE. 
ANTHO: HATCH 



[Recokds of Genekal Court.] 



No: Carolina — ss 

Att a Gen" Court holden for the province afs** att the house of Cap* 

Jn* Hecklefields in little river on Tuseday the 28*** Day of July Anno 

Dni 1713. 

r The Honno"* Maj' Christo : Gale 
Cap* Tho" Relfe 
Tho" Miller 
Cap* Jn'' Petti >ier 
Antho Hatch 

And then adjourned till y' morrow morning Eight of y* Clock : 



p'sent < 



> Es<[" Justices 



v^ 



Wednesday y'' Court meett according to adjournm' 

p'sent utt Supra 

ThcGentmen: of the Grand Jury were Sworne <fe are as followeth 
(viz*) M' Jn*» Relfe M' Jn*^ ffalinor M' Rich** Devenport M' Tho' Ix>ng 
M' James ffleming M' W°* Jones M' Dari' Smith M' Pat Quidley M' 
W«* Scarbrough M' Sam^ Paine M^ Pat Callihorne M' Jn« Whitte M' 
Tho- Harding M' W°* Right M' Humphry Vince &: W W~ Wallston. 



COLONIAL RECORDS. 99 



Nath : Chevin Esq' Comes to pros his Suite ag* James ffleming in a 
plea of Debt and Saith y* Dcf* Stands Justly Indebted to him y* p** in 
y* full Sume of Three pounds five Shill & four pence and the Def* in 
person appears & Confesses 

Ordered that James ffleming pay unto Nath : Chevin Esq' the Sume of 
Three pounds five Shillings & four jKjnce with Cost als Ex~** 

Nath : Pirkins march* of Boston by Xho* Snoden his attor Comes to 
pros his Suite ag* Jn" Mixon in a plea of Debt & Declares That y* DeP 
Stands Justly Indebted to y* p*' in y* full Sume of Seven pounds Three 
Shill & Six pence "^ bill in fresh porke &c: and the Def* by Edw* 
Moseley his attorney Comes & Defends the fort^ & Injury when &v. and 
prayes oyer of y* writteing obligatory mentioned in y* pit De(*laracon & 
it was read unto him in haec Verba No: Carolina: ss: Ac** Wherenp<3n 
the Deft prayes Judgmt of y* writte & Declaracon afs** &c* Because That 
there is a variance between the pit" Declaracon and y* Specialty men- 
tioned therein the Dwiartion not Mentioning that the Said 7-3-6 Should 
Ix* j)aid in porke but in Pitch & this he is ready to aver Whereby he 
prayes Judgmt of y* Writte & Declartion as afs** &c: w'** being Consid- 
ered by the Court here the s** plea : is allowed Good & SufFecient to abate 
y* writte & Declarcon &c : 

Ordered that the Suite be Dismist & y* pit pay Costs als Ex~° 

UiK)n petition of M" Ann De La More widdo & relict of ffra : De 
La More Esq' Deed: Shewing that the Right of administracon of the 
Goixls & Chatties of the s** ifrancis Doth to her l)elong 

Ordered : That She have administracon as prayed and that Capt : Jno 
Kobison Jno Palin M' Jno Man: & M' Dan* Guthrie or anyHhreeof 
them Doe apprise the Estate of the s'* Ifrancis De La More Esq' being 
first Sworne thereunto befor a Majestrate 

Capt : Jno Pettiver Ksq' Conies to pros his Suite agt : Carj' Godbey in 
a plea of Debt & Saith the Deft Stands Justly : Indebted to him by his 
bill or wTitteing obligatory und' his hand etc: in the full Sume of five 
pounds it* & the Deft: appears <t Confesses according to Specially 

Onlered : That Cary Godbey: pay : unto Capt Jno Pettiver the Sume 
of five : pounds with Costs als Ex**" 

Isaac: Willson by Tho* Snoden his attorney Comes to pros his Suite 
agt: W"* Johnson in a plea of Debt & Saith the Deft Stands Justly 
Indebted to him y* Said Isaac in the Sume of Three |K)unds Six Shil- 
lings as '^ Warr and the Deft: was Called <t Came not and a Cepi Cor- 
pus iM'ing returned on tlie writte the pit : prayi^l an ord' agt the Mar- 
slmll 



100 COLONIAL RECORDS. 



Ordered : y* the Marsh" of Albemarle County liave the body of tlie 
gd ^ym jyiinson at the next Generall Court als Judgni* ag* the Marsh" 

Robison ag* Oliver Edw"* Moseley attorney of the Def* Saith he is not 
Informed of any answ' to make for the Said Oliver whereby : the s** Jn" 
Robison remains ag* the s** Oliver thereof undefended 

Orderetl That the s'* Jn** Robison recover ag* the Said Oliver the Sume 
of Six ])ouuds Eight Shillings & a |>eny halfepeny with Costs als Excon 

Edw** Moseley Ijsq' by Tho" Snoden his attor Comes to pros his Suite 
ag* W" Redditt in a plea of Debt and Declares that the Def* Stands 
Justly Indebted to him the s** p*^ in the full Sume of: one {)ound Thir- 
teen Shillings & Six i>ence in fresh Porke as ^ Warr: and the Def* was 
Calleil & Came not whereupon the p*' prayed an attachm* ag* the Estate 
of: the Def* w*^ is Granted 

Edw** Moseley Es(|' by Tho' Snoden wmes to pros: his Suite ag* 
Phillipp Wallston in a plea of Debt and Saith That the Deft Stands 
Justly Indebte<I to him the p" in the Sunu* of one Barrill of Pork as ^ 
Warr and the DeP was Called & Came not Whereu{)on : the : p*' praytnl 
an attaehm* ag* the Estate of the : Def ' w*'^ is Granted 

Edw* Moseley Esq' by Tlio" Snoden his attorney comes t<) pros his 
Suite Sig^ Edw'* Bryan & declares that the s** Bryan stands justly indebt^nl 
to him the s'* Etlward Moseley in the full Sume of one {>ounds EighteiMi 
Shillings & four jx'uce by his Note or writteing obligatory: and the: 
Def* lx*ing Callwl : to aUvSw' thereunto & Came Not whereupon the p'' 
prayed an attach m' ag* the Estate of the Def* w*** was Granted 

Edw* Mosehy Escj' by Tho" Snoden his attorney Comes to pros his 
Suite ag»' Tho' Man : in a plea of Debt & Saith : the Def ' Stands Justly 
Indebted to the p^' in the Sume of: Two pounds p]ighteen Shillings & 
four pence by his noatc under his i)roper hand &c: and the Def was 
Called but Came not and thereui)on the p^' prayed an attsichm* ag' the 
Estate of the Def w*'*' is Granted 

Whitte ag' Alexand"^ and the Def ' by Pxlw** Moseley his attor appeares 
and pniyes Ijil)erty thereof to Importe unto the Day of the next Gen' 
Court and he hath it the Sanie Day is Given to the p'' likewise 

Capt Jno Byrd by Tlio* Sn(xlen his attorney : Comes to j)r6s his Suite 
agt Janu^i Curlee in a plea of Del)t & Saith the Deft by his Noate und*" 
his hand Stands Justly Indebte<l to the pit in the Sume of one pound 
Seven Siiill & nine pence and the Deft was Called to answ' thereunto: 
but Came n(»t and the pit thereupon prayctl an attachmt agt the Estate 
of the Deft w'""^ was ordcnn.! a(XH»rdingly 



COLONIAL RECORDS. 101 



w 

Jno Blish : marcht Comes to pros his Suite agt Geo: Cooper Deft in 
a plea of Debt and Declares that y® Deft Stands Justly Indebted unto 
him the s** Jno in the full Sume of Tliree pounds one shilling and Three 
[>enee: and the Deft was C-alled but Came not and theiXHijK)n the pit 
prayeil an order agt the Marshall. 

Ordered that the Marshall : of Albemarle County have the body of 
y* s** George Cooper att the next Gen" (^ourt als «Vidgmt agt the Marshall 

and y* marsh" prayed an attach mt agt the Estat^i of y* Deft w'** is 
Granted 

Jn° Blisli : march' Comes to pros his Suite ag* Jn° Pi)well in a [)lea of 
Debt and Declares for y* Sume of fforty Shillings w''*' the DeP to him 
Doth : owe &c!*: and the Deft was called : & Came not: and thereuj)on 
the p'' prayed an ord' ag' the Mai'shall : 

Onlered that the Marshall of y* County of All)emarle have the Ixxly 
of the s** Jn** Powell at the next Gen" Court als Judgm* ag* y* Mar- 
shall 

And the Said Marsh" praycnl an attachmen' ag* the Def** Estate w'** is 
(jnint^^Hl 

A Will of M" Easter PolUxjke Dee** was proved in Court by the oath 
of M' Rob* Hicks att the Instance of Maj" Tho" Luten Executor theix*- 
unto. 

Isaac Willson by Tho' Snoden his attorney Comes to pros his Sinte 
ag* Jn° Whittbey Def* and Saith : that the s** Def ' Stands Indebted to 
him the p** in the Sume of five pounds Eighteen Shillings & a peny 
halfe piMiy : and the Def* in j>erson appeares and Confesses 

Ordered that Jn° Whittby pay unto Isaac: Willson the Sume of five 
pounds Eighteen : Shilling & a i)eny halfe peny w*** Costs als Excon 

J^dw** Moseley Esq' Comes to prosecute his Suite ag* Jn" Davis in a 
plea of the Case from a Continuance and Saith that the s* Jn° Stands 
Indebted to him the s** Edw** in y" full Sume of Three pounds & Seven- 
teen Shillings & eight penw and the Def* was Called but: appeared not 
nor any one for him to say: anytliing in barr: or reterdacon of y* said 
accon whereby the s** tklw** remaines ag' the s** Jn" thereof imdefended, 
it is therefor Considereil <fe onleral by the Court here that the said Edw* 
Recover ag' the said Jn° y* said Sume of Three pounds Seventeen Shill 
& Eight |>enc(» : with Costs of Suite & the DeP in Mercy, &c 

Godffrey Sprewell: ])ersonall Came into Court and acknowleilged a 
Convayan(»e Containeing one hundred acres of land to Jn** Devenpoi-t 

Orderinl to Ih' Rc»gisteretl. 



102 COLONIAL RECORDS. 



Will" Wilkerson personally came in Court & acknowledged a Con- 
vayance of ffifty Two acres of land to Jn** Devenport 

Ordered to be Roistered 

El)enezer Whitte Comes to pros his Suite ag* Ju® Whittbey in a plea 
of Debt and Saith y* Def* Stands Justly Indebted to him y* p*' in y* 
Sum of Tenn pounds Tenn Shillings in goofl Pitch or Tarr and the Def 
in person appeares and ConfeSvSes: 

Ordered that Jn" Whittbey pay unto Ebezer Whitte y* Sume of Tenn 
pounds Tenn Shillings w*** costs als Ex**" 

upon petition of W" Booth as marrici ng Hester the widdow: & relict 
of Adam I^wis Deed praying Administracon of the GikkIs & Chatties 
of the s'* Adam I^ewis 

Ordered that the Said W°* & Hester have administracon of y* gomls 
& Chatties: of y" s** Adam I^ewis: Equally Granted to them both : 

Cap' W" Maule: being lawful! : Sums: as a petty: Jury: man & 
Called Came not: wherefore: it is ordered: by the Court here that the 
gd ^ym Maule be fined the Sume of Twenty Shillings according to Rule 
of this Court 

Jn** Jones Caq>enter : l^eing lawfully Sumons as a |)etty Juryman & 
Called Came not wherefore it is ordered by the Court that the s* Jn° 
Jones be fined the Sume of Twenty Shillings awording to Rule of this 
Court : 

The paniell of Jurors : Sworne to try the Issues between Jn** Newman 
p** and olmdiah Rich : Def* being Eroniously Impanielled is Discharged 
from their verditte and they are hereby Discharged 

Jn** Newman: March' by Edw** Moseley his attor: Comes to pros his 
Suite ag' obadiali Rich : Def in a plea of the Case and Declares that the 
s* Obadiah Stand Justly Indebted him ye Said Jn** in the full Sume of 
Six pounds Two : Shillings & Eight pence : for & in Consideration of 
Sundry wares: Goods & marchantizes : Sold & Delivered to him the said 
obadiah and the Said Def by Tho' Snoden his attorney Comes & De- 
fends & force & Injury Avhen &c: and for plea Saith Nill Debitt perpa- 
trum and for Tryall puts himselfe upon the Country & y* p*' in like 
manner and thereupon it was Comanded the Marsh" that he Cause to 
Come Twelve &c : whome &c : by whome &c : who neither &c and there 
Came (to Witt) M' Tho' Swann : M"^ Griffith Jones M' W" Norris Cap' 
Jn" Bird : M' Rob' liowre M' David Baley M' El)cn : Whitte M' W" 
Whitte M' W" Parker M' Tho" Parris M' Jn'' fforree and M' Zach : 
Kcaton who Inking Sworne Say we of the Jury find for the Def 

Ordereil that the Suite Ik* Dismist <& the j)*' pay Costs als Ex 



pcon 



( 



COIX)NIAL RECORDS. WS 



Sam" Sprewell: personally: Came into Court and acknowledged a 
Conveyance of one Hundrey & Seventy acres: unto Joseph Cannons 

Ordered to be Registered 

upon : motion of: Sarah : Carswell Ex'"* of ffrancis Carswell praying 
to j)rove the last will & Testam' of her Deed Husband y" Same was 
proved in CV)urt by the oath of Hannah Mansfield : and y* Said Sarah 
praying appraisei-s of y* Goods & Chatties of y* Deed 

Ordered That Cap' W" Ludttbrd M^ Jn^ Woodley M' Andrew Will- 
son & M' Cornelias Pitch Patrick or any three of them do appraise the 
Estate of the Said ffra Deed being first Swornc thereto before the next 
Ma jest rate 

A power of attorney from: Sarah: Carsewell to Jn* Horsall was 
acknowledged in Court by the Said Sarah : & ordered to be reconleil upm 
motion of Eilw** Bonwicke : her Matyes attorney Gen'* 

Orderetl that the Marshall hike info his Coustody the Ixxly of Denis 
Ryordan untill he answ' to Such : matters & things as on her Matyes 
Ixjhalfe shall Ixi objected ag' him. 

Tho' Swiinn by Tho" Sncnlen his attor: Comes to pros his Suite ag' 
James McDaniell in a plea of Dcl)t & Saith : ye Def Doth : owe & 
Stiind Justly Indebted to him thes'* Tho'in the full Sume of four iwnnids 
Six Shillings & five i)ence and the Def ' in p'son apj>earas & Confesses 

Ordered that James McDaniell pay unto Tho' Swann : the Sume of 
four pounds Six Shillings & froc pence w**" Costs al" Ex®*"* upon : Motion 
of Tho' Passingham prayintr to \jq allowed praying to be allowed for 
his Travill & attendance: being Sumoned as an Evidence by Tho" Swann 
ag' James McDaniell 

Ordered : That : the Said Tho' Passingham be allowed the sume of 
Eleven Shillings & Eight pence for Tw'o: Courts: Comeing & gocing 
and his attendance thereatt 

u{)on Motion of Edw^* Bonwicke Escj' her Matyes attoney Gen" 

Ordered that the Marsh" Take into his custody : y'' body of Doct^ 
Godfrey Sprewell to answ' to Such matters as shall be objected ag' him 
w'** l>eing heard and Considered 

Ordered that: Doct' GodiFrey Sprewell: find Security for his good 
behaviour till the next Gen" Court for y* Sume of Ten pounds upon 
petition of Jn° fforree praying to prove an acco* ag' the Estate of Vincent 
Whitte DcK*'* Did prove the Same by his oath &c 

Jacob : Overman : {x^rsonally : Came in Court & acknowledged Co" 
Edw* Moseley hiss attornev a Dead : of Sale from : Co" Tho" Carv : to 
James Tookes & CV* Edw* Moseley was proved in Court by the oath of 
M'Tho'Parris 



104 COLONIAL RECORDS. 



Ordered to be Recorded 

And then the Court adjourned Till the morrow morning Eight of the 
Clocke 

Thursday the Court Meett againe a(?cording to adjournm* 

an assignment' of a platte of 304 acres of land was acknowledged in 
Court by Jn** Horsell to J if Devenport 

Ordered to be Registered 

a j)ower of attorney from Tho" Handrey March' of Boston to Jn° pal in 
was proved by the oath : of W™ Vaughan & ordered to l)e Recorded 

Co" W" Reed : by Edw** Moseley his attorney Comes to pros his Suite 
agt W" Russell in a pleii of the Case and Saith the Dell Stands Justly 
Indebted to the pit in the Sume of Twenty pounds Seventeen Shillings & 
Three pence and the Deft was Called & Came not whereupon the pit by 
his attorney afs* prayed an attachmt agt the Estate of the Deft w** is 
Granted 

Co" William Reed by Edw'* Moseley his attoniey : Comes to pros his 
his Suite ag' W"* Russell in a plea of Tresspass and Saith : that the Def ' 
the last Day of June or l)cgining of July anno Dni 1711 by force & 
armes &c : the plantation or Inclosed Ground or pasture of him the s'* 
p*' in Coratuck p'cinct Did Breake & a Six year old Bull therefound 
belongen to him the* p" of the price of fforty Shillings Did Take kill & 
Carry away: and other harmes to him Did Doe: &c: and the Def* was 
Called to answ' thereunto but Came not whereupon the p" by his attor- 
ney afs'* prayed an attach m' ag' the Dfef* Estate w***" was Granted 

Miles Cary Gent : of virg* Comes by Dan^ Richardson & Edw* Bon- 
wicke his attorneys to pros his Suite ag' JaiiKJS Tookes march* in an accon 
of Tresspass : & Contempt ag* the forme of a Statute made by the Grand 
assembly: of this province between the 21'*' Day of Jan'y anno Dni 
170f and the Eight Day of march then next following: Entitled an Act 
Consearneing Servants & Slaves : and Saith : That : he y* said James : 
Doth: harbour; and Detaine a Certaine Negro Man Slave to him the 
Said Miles belongen; Comonly Called Stephen: Contrary to y* forme of 
the afs** act &c: and the Def by Edw** Moseley his attorney Comes & 
Defendes the force & Injury when &c and for plea Saith Non Cull per 
patriam and for Tryall : &v whereupon it was Comanded the Marsh" 
That he Cause to Come Twelve &c: whonie &c: who neither &c: and 
there Came (viz>) M' Tho" Swann M"^ Griffith Jones M' W"" Norris Cap' 
Jno Bynl Eben : Whitte M' W» Whitte M' W°^ Parker: M' W« Swann 
M^ Henry Si)eller M' Rich"* Smith M^ Robt Hickes and M' Edm** Gale: 
who being Sworne Say, we of the Jury find for the p" and thereupon the 



i 



COLONIAL RECORDS. 105 



Said Deft by his attorney afs'* iiiov** for arrest of Judgint and Day is 
Given him Till the Second Day of the next Gen" Court &c: 

Hie Gentnien of the Grand Jury made their p'sentm** and are Dis- 
mist from further attendance at this Court and then the Court adjourned 
for halfe an hower 

at halfe an hower the Court meett againe 

Rich'* Stamp : assignee of Bartho : Phelps Comes to pros his Suite ag* 
Archable Hartley in a plea of Debt and Saith the Def * Standes Indebted 
to him the said Richard Soe qualified in the Sume of: Six pounds &c: 
and the Deft was Called & Came not whereupon the pit prayed an ord' 
against the Marsh" 

Ordered that the Marsh" of Albemarle County have the body of the 
Siiid Archable Hortley att the next Gen" Court a*" Judgmt agt the Mar- 
shall. 

And the Marshall prayed an attachmt agt the Estate of the Deft w^ 
was granted 

A will of Sam* Slocombs: l)eing produced in Court proved by the 
oathes of Ann Brice & Louis Thomas w*"** Said* will mentioneing That his 
Mother Elez* Smith and his Brother Jno Slocomb & Margreatt Davis to 
be Gen" Legatees and there being no Exec»uto' in the Said Will apiK)inted 

Ordered That: administration of all & Singular the Goods & Chatties 
of y* Said Sam* Dec* l)e granted unto the Said Elez* Smith Jno Slocomb 
and Margreatt Davis Cum: Testamento annexo: and that: ifarnifold 
Green Jno Nellson Jun : Jno Smith & Rich* Hill or any three of them 
Doe apprise y* Estate of the s* Sam* Slocomb Dec* being first Sworne 
thereunto befor a magistrate 

upon motion of Jn° Swaine praying apprisers of the Goods & Chat- 
ties of Stephen Swaine Deed 

Ordered that M' Jn° ffalinor M' Tho" Clarke M' James Ward and M' 
Joshua Calloway or any three of them Doe apprise the Estate: of 
y* Said Stephen Swaine Deed being thereunto Sworne before a Mages- 
tPdte 

Mary l^wson : widdow by Tho" Snoden her attorney Comes to pros 
his Suite ag* Jn° Ruttcr in a plea of Debt and Saith That the s* Jn** 
Stands Justly Indebted to her the s* Mary : in the full Sume of Two 
Bar*" Pitch & one Barrill : of Tarr and the Def* in p'son appeares & 
Conl'esses 

Onlereil that Jno Rutter pay unto Mary Lawson the Sume or quantity 
of Two : Barrills of Pitch & one Bai-rill of Tarr according to Specialty 
w*** Costs 

14 



106 COLONIAL RECORDS. 



And thereupon s* Mary by her attorney afs** pray by reason of his 
Inaolvency that the s** Jno may be Comitted in Custody of the Marshall : 
untill he hath paid or Secured to be paid the Said Debt & Costs afs'* and 
it was ordered accordingly. 

tJno Robison : & Sarah : his wife & Jno Nixon : Executo" of the Last 
will & Testanit of Jno Harris Deed : Comes to pros their Suite agt W" 
Wallston in a plea of Trespass u|>on the Case & Declares: That: the 
Deft Stands Justly Indebted to the pit qualified as afs** in y* Same or 
Quantity of one Tune of Barrills & five yds of Scotch Cloth &c : and 
the Deft by Edw** Moseley his attorney Comes & Defends the force & 
Injury when Sur, & prays oyer: of the Lett' Testiimentary : and to him 
it is read in haec Verba, whereupon the Deft prays Judgmt of the De- 
claroon afs** because he Saith that there is Variance or misnomer between 
the Declar: & the Lett" Testamcntry mentioned there in the Declar: 
mentioning that one Nickson is one of the Executo" & pit to the De- 
claroon whereas in Trutli: the afs* Lett" Testamf^ Doe not mention 
any such person & this he is ready to aver Wherefore he prays Judgmt 
of the Declarcon afs* &c : w®^ being Considered by tlie Court the s* plea : 
is allowed Good & Sufficient to abate the accon and thereupon is ordered 
that the Suite be Dismist &c 

upon petition of W" Jones 

Ordered that the Said W° Jones be allowed the Sume of Sixteen Shil- 
lings & Eight pence for his Travill & attendance Two Courts being 
Sumoned as an Evidence : by : Jno Robison & Sarah his wife & Jno 
Mixon Executo" of the Last will & Testament of Jno Harris Dec* agt 
W» Wallston als Ex*^*^ 

Tho' Handry march t of Boston by Jno palin his attorney comes to 
pros his Suite agt Rich'* Morton I^te of the p'ecinct of Coratuck Tailour 
Deft in a plea of Debt and Declares: That the Said Rich* Stands 
Indebted to him the said Tho" & comp. in the full Sume of: one jjound 
Seventeen Shillings & a peny in & by his Noate under his hahd Dated 
the 16^** Day of Jan'y ai^no: 1711 : and the Deft wa.s Called & Came not 
and thereupon the p** by his attorney afs* prayed an attachmt agt the 
Estate of y' Deft w"*^ is Granted 

And : then : the Court : Adjourned to the Court in Course 

C. GALE Ch: Just: 
JOHN PETTIVER 
THOMAS MILLER 
ANTHONY HATCH 



COU)NIAL RECORDS. 107 



North Carolina — ss 

Att a (jen" Court held for the province afs* at tlie house of Cap* Jn** 
Heeklefiekls in Litth* liivcr on Tuesday the 27'** Day of Oeto' Anno 
Dino 1713 

Present the: HonaW^ Maj' Christo: Gale: Esq' Chiefe Justice and his 
asscK'iates 

The Court l)eing Called W" Arniure: bound over by Recognizance 
made his appearance : at the prayer of the Informant is Dismist w^out 
Day And then Court adjourneil till y® morrow morneing Eight of Clocke 

Wedness** att Eight of y^ Clock y* Court Meett & Satt 

p'sent uttsupra: 

And now here at this Court came Jno Blish by Tho* Snoden his attor- 
ney & prayd that y* Marsh" woidd bring forth : y* IxKly of Geo Co<)i)er 
aceoi'ding to order of y" last Court wherein haveing failed ye pit prayd 
that Judgm' might be Confirm'd ag* y" Said Marsh" Ordered y* y* 
Marsh" of Albermarle County pay unto Jn** Blish : march* the Snme of 
Three ])ouuds one Shill & three pencx) with Cost alias Ex''*" and y* 
Marsli" prayed Cont : of y* attach mt ag' y* Estate of y* Deft w**" was 
Granted 

And now : here att this Court Came Jno Blish marcht by Tho" Snoden 
his attorney and moved that the Marsh" would bring forth the body-of 
Jno Powell according to order of y* Last Court wherein haveing failed 
The pit by his attorney afs'* prayed that Judgrat might be Confirmed agt 
the Said Marshll 

()rdere<l that : the Marsh" of Albermarle County pay unto Jno 
Blish : marcht The Sume of Two pounds with Cost^: alias p]xoon And 
the Marsh" prayed Continuance of y* attachmt agt y* Estate of y* Deft 
Avhich was Cont : accordingly 

And then the Court adjourned for an Hower 

According to adjournmt the Court meet and Sjitt 

Henry : Speller marcht by Tho' Sncxlen his attorney : Comes to pros 
his Suite agt Jno Relfe: in a plea of Debt and Saith the Deft Doth owe 
and Stand Justly Indebted to him y® p'' in y* full Sume of Twelve 
]K>unds as by his Certaine bill under his proper hand may ap|)ear and 
the Deft in |)erson apptiu^es & Confesses. 

Ordered that Jno Relfe pay unto Henry Sjwller the Sume of Twelve 
pounds with Costs als Excon 

.Jno Relfe by P^dw** Bonwicke his attorney Comes to pros his Hnite 
agt Henry Speller marcht in a plea of y*' Case & Saith : the* Deft Stands 



108 COLONIAL RECORDS. 



Justly Indebted to him y* pit the Surae of Seven pounds fifteen Shill by 
aceot here ready to make appear and y* said Deft Saith nothing in barr 
or Retardation of y* Said ac»con Wherefore y* said pit remaines agt y* 
Said Deft thereof undefended therefor it is Considered by the Court here 
yt y' s* pit recH)ver agt the Said Deft the Said Sume of Seven pounds 
fifteen Shill with Costs als Exoon 

Jno peny : marcht was Called to pros his Suite agt Lie\it Coll Theophe- 
lous Hastings but Came not whereupon y* Deft by Danl Richardson his 
attorney prayed an non pros 

Ordered that y* Suite be Dismist & y* pit pay Costs als Exoon. 

Jere : Syraons by Dan* Richardson attorney Comes to pros his Suite 
agt David Northy : Deft in a plea of y* Case and Saith the Deft Doth 
owe & Stand Justly Indebted to him y* p** in the Sume of Ten pounds 
and the Deft was Called but came not and y* p** thereupon prayed an 
order agt the Marsh" 

Ordered that y* Marsh" of AH)ermarle County have y* Ixxly of the 
Said David Northy att the next Gen" Court als Judgmt agt the Mar- 
sliall : 

And the Marsh" prayed an attach mt agt y* Estate of y* Deft which is 
Granted. 

Griffith Jones of y® precinct of pasquotank Comes to pros his attachmt 
agt Jno Creach : of y* Same place and the Deft was Called & Came not 
and the Marsh" haveing returned attacht of the Deft" Estate one yeare- 
ling Colt : and one blacke and Whitte Cowe marked on the Right Eare 
w**" a Cropp and on the left w'** and under Keell w''* a Calfe by her of y* 
Same Collour unmarked and the pit thereupon proved an accot by his 
oath : agt y* Deft y* ballanoe whereof was Two pound Seven Shill : and 
Ten pence 

Ordered that y* Goods attached l>e CondemM to Satisfye y' af "^ Debt 
And Costs to y' Said Griffith Jones and that y* Marshall have y® Same 
apprisetl according to act of a&sembly 

Jonathan Bateman personally Came into Court & accknowledged a 
Convayance of one Hundred & fifty one acres of I^and Lyeing in Cuse- 
opernon unto Jno Birkett 

Ordered to he Regist-ercd 

And now here at this Court Came Richard Stamp : and moved that 
y* Mai'sh" would bring forth y* Ixxly of Arc^hable Hartley according to 
order of y* last Court wherein haveing failed y* Plaintiff prayd that 
Judgment be confirmed against y* Said Marshall according to y* af** order 

Ordered that y* Marshall of Albemarle County pay unto RicJi** Stamp 
y* Sume of Six pounds with Costs a*' Ex* 



roon 



COLONIAL RECORDS. 109 



And the Marshall pray'd Continuance of y' attachment against y' 
Estate of y* Defendant w*'^ is Cont: accordingly. 

Will" Lewis of y* County of Bath by Edw** Moseley his attorney 
Comes to pros his Suite against Co" W" Brice and Saith the Defendant 
Stands Justly Indebted to him y® Said Plaintift' in y* Sume of fourteen 
pounds &c and tlie Defendant was called but Came not & thereupon y® 
Plaintiff prayd an onl' against y^ Marshall 

Ordered that y« Marshall of Bath County have the Said Co" W™ Brice 
at y* next Gen" Court alias Judgment against y' Marshall 

And now here at this Court Came Samuel Holland marcht by Tho 
Snoden his attorney and moved that y* Marshall would bring forth the 
body of W™ Luffman according to order of the Last Court wherein have- 
ing failed the Plaintiff prayd that Judgment might be ConfirmM against 
the Said Marshall 

Oixlered that the Marsh" of All)ermarle County pay unto Sam* Hol- 
land the Sume of five pounds Eighteen : Shillings w"* Costs alias Exoon 

And y* Marsh" prayd Continuance of y® Attacht agt y" Estate of the 
Deft w*** is Cont: according 

Jacob Overman of y* precinct of pjiscotank weaver Comes to pros his 
Suit(i agt Geo : Scarbrough in a plea of Debt and Saith y* Deft is Justly 
Indebted to him the pit y" Sume of one |)onnd Seventeen Shillings & Six 
pence as by his bill under his hand Doth & may appear and the Deft 
appeare in person and Confesses accord ington Specialty 

Ordered that Geo: Scarbrough pay unto Jacob Overman the Sume of 
one |)ounds Seventeen Shill & Six pence w*** Costs alias Ex(5on 

and now: here at this Court Came: Capt ffrad Jones by Edw* Mose- 
ley his attorney & moved that the Marsh" would bring forth y* body of 
Eman* Cleave according to onl' of y* Last Court wherein having failed 
the pit by his s* attorney pray'd that Judgmt might be Confirmed agt the 
s'd Marsh" for the Debt & Damages afs** 

Ordered that y* Marsh" of Bath County pay unto Capt ffrad Jones 
the Sume of ffifty Six pounds Twelve Shilling & five pence w"* Costs 
als Excon 

A will of Gilbert Goodales was proved in Court by the oaths of M' 
W" Stevens : & Maltreat Slatter at y* Instance of Rich** Whittbce Ex- 
cuto' thereunto 

Capt Jno Robison : Comes by : Eklw* Bonwicke his attorney to pros 
his Suite agt Martin : ffrancke Deft in a plea of Debt and Saith : that y* Deft 
afs'* stand Justly Indebted to him y* pit in y* Sume of Twenty four 
pounds Thirteen Shill & four pence as by his: Certaine bill und' his 



HO COLONIAL RECORDS. 



proper hand Doth and may apjware and y* Said Deft in person appeares : 
& Confesses for Twenty Three pounds Twelve & Eight pence. 

Ordered that Mai-tin ffraneke pay unto Capt Jno Robison y* Sume of: 
Twenty Three pounds Twelve: Shill & Eight pence with Cost alias 
Excon 

Upon: petition of Ezeriunn Parker ])raying to l>c allowed for his 
Travill & attendance l)eing Sunions as an Evidence by Jno peny agt 
Lieut Coll Theophelous Hastins 

Ordered that y® Said petition' Ixi allowed for Two days Conieing & 
Two dayes goeing and one dayes attendance according to act of assembly 
made & provided 

Danl Guthrie C^omes to pros his Suite agt Christo: Bailes in a plea of 
Debt and Saith the Deft Stands justly Indebted to y* pit in y* Sume of 
Ten pounds and a non est Inventus Ixiing returned on y* writte the pit 
prayed an attach mt agt the Estiite of y* Said Deft w'''* was Granted 

Mary Ijiiwson Ex*''* agt Bartho Phelps and the Said Deft in person 
Comes & prayes a Speciall Imj)oitance to y" next Gen" Court and he 
hath it and upon motion of y® j)lt by her attorney afs** 

Ordered that he Continue in Custody of y® Marsh" untill he give Secu- 
rety for his appearance at the next Gen" Court 

Watt : Price assignee of Jno Tho' Comes to ])r6s his Suite agt adol- 
phus Hanson and Saith the Deft Stands Justly Indebted to him the pit 
in y* afs** quality the sume of four pounds as ^ warr and y' Deft was 
Called & Came not according to returne of y* writte and y* pit thereupon 
prayed an order agt y* Marsh" 

Ordered : That : the Marsh" of the County of Albemarle have the Body 
of The Said Adolphus Handson at the next Gen" Court alias Judgmt 
agt y* Marshall 

And the Marsh" prayed an attach mt agt The Estate of y* Deft w*** is 
Granted 

Mary Lawson : Ex*'^ of the Ijast will & Testamt of: James flfewox : 
Dec"* : Comes to pros her Suite agt Jno ffisher and Saith y* Deft Stands 
Justly indebted to y* pit in y* Sume of Six pounds as '^ warr: and an 
non est Inventus being returned on the writte y* pit prayed an attachmt 
agt y* Estate of y* Deft w*** was Granted 

Jno Holluin by Tho" Sncnlen his attorney Comes to pros his Suite 
agt Jonatha: Bateman in a plea of Debt and Saith the Deft Stands Justly 
Indebted to y* pit in the Sume of liight j>ounds as f) warr and the Deft 
in pei'son appeares and Confesses 

Ordered tliat: Jonath: Jiateman pay unto Jno Ilallum the Sume of 
Eight pounds with Costs alias Ex* 



,«0I1 



COLONIAL RECORDS. Ill 



Upon petition of: Jacob: Overman 

Ordered that y* s** Jacob: Overman be allowed y* Snme of five Shill 
& Tenn pence for his Travill & attendance being Snmoned as an Evi- 
dence : by Wattkin price agt adolphu^ Hanson 

And now here at this Court : Came James Tookos by Edw^ Moseley 
his attorney : and gave here in Court the following reasons in arrest of 
Judgmt &c : 

1"* The Verditte is 111 : the Jury: Carying w*^ them: Severall papers 
Dispositions &c w*'^ were not read in Court: Sealed up: & Delivered by 
the Court to the Jury 

2*^ Those pa})ers had they been : read ought not to have been Caryed 
from v' Barr by the Jury 

3*^ Judgmt ought not to be affirm'd on that Verditt it being an ill 
verditt not finding wt ought to have l^een found : 

4^^ The Declara(3on Containes Duplicity of matter 

5*^ The Declaracon is not: Certaine percise mention: not being made: 
of y* quantity of time w*^ the negro : is Saith to be kept : 

6^^ The act : or penall Statute upon w*^ This accon is founded Doth 
not warrant or niainetaine y" Declaracon as layd by the pit whereupon y* 
Defl afs* for y* Reasons afs* prayed y* Judgmt may be Sett a Side: and 
y* pit by his attorney : moved That the Deft might make Affidavit to the 
reason afoi*es** as the rule of y* Law: iu that Case: Directs theixf being 
matter of fact Contained in them Whereupon the Deft wavtxl those rea- 
son wherein the matter of fact: was Contained and Insisted on the mat- 
ter of Law only : w*"** being Argued on Both Sides the Court resolved to 
advise thereon till tomorrow morne 10 of v* Chxjke 

And then the Court adjourned for an hower att an hower the Court 
mett & adjouniM till y® morrow flight of y* CMocke 

Thursday morne Eight of y* Clo(;ke y* Court meett & Satt 

Bartho: Phelps personally: Came into Court: & acknowledged a 
Conveyance: of: Two: Hundred & fifty: aci'es of I^nd unto: Will" 
Whitte 

Ordered to be Registered 

Jno Porter: assignee of Tho' Collings by Edw** Mosi^ley : his attorney 
Comes to Pros his Suite agt Tho* Averitt and Saith the Deft Stands 
Justly Indebted to the pit the Sume of Twenty iH)unds as ^ warr ; and 
the Deft appeares and confesses according to Specialty 

Ordered that Tho' Averitt pay imto Jno Porter y* sum of Twenty 
pounds with Costs alias Excon 



112 COLONIAL RECORDS. 



Smith : wicke agt Haughton 

And the Said pit by his attorney Comes and prayes an ^- Imparlance 
unto the next Genii Court and it is Granted 

Tho' Harris Geo: Scarbrough: Jno Relfe Wm Stephen. Ambrous 
McCoy were lawfully Sumoned on y® petty jury: being Solemnly Called 
Came not and thereupon it is ordered that y' Severall i>erson8 above 
named be fined The Sume of Tenn : Shill Each : according to Rule of 
this Court 

aud then the Court adjourn'd for an hower 

Att an hower the Court mett and Satt 

In : the accon : Depending between : Miles Cary : pit & James Tookes 
Deft Cont : Till This Day 10 of y* Cl(K*kc for the Court to a<lvise on and 
the Court haveing advised and considered the Severall rejisouK and alle- 
gations offered by the Deft in arrest of Judgmt Itt is y* oppinion of this 
Court That the Said reasons ought to be overruled & they are hereby 
Over Ruled and thereupon it is 

Ordered : That: James Tookes pay & Deliver to the Said Miles Cary : 
the Said N^ro Slave named Stephen as alsoe the Sume of Ninty : Two 
}x>unds Ten. Shill for a hundred Eighty : five Day : Iletaineing of the 
Said Slave : Conrarv to v* forme of an act of assembly in that Case made 
& provided alias Excon And thereupon the Deft by his attorney afs* 
prayed an appeale to the Hon"' Court of Chantxiry w*^ is Granted the 
Deft giving Security: to pros his Said appeale : with PiiftHJt 

Whereas it is Testifyed to y* Court here That a Judgmt hath been 
recovered by : Capt Jno Norton agt James Bowman Black : Smith in 
precinct Court of Coratucke for y® Sume of Three pounds forteen : & 
Ten pen(xj w^** Costs of Suite and the Said Deft is Departed the Said 
precinct: Soe that by : any precept of y* Said Court he Cannot be Taken 
Testatum Ca : Sav : awarded 

Whereas : it is Testifyed to the Court here That : a Judgmt hath : been 
recovered by Capt Jno Norton agt James Bowman, Black Smith in the 
precinct Court of Couratueke, for y" Sume five pounds one Shill : & five 
pence: w^** Costs of Suite and the Said Deft is Departed the Said precinct: 
Soe that by any precept of that Court he (-an not be Taken Testatum 
Ca: Sa: awarded. 

A power of attorney : from Jno Smith marcht to Co" Tho" Boyd was 
proved in Court by the oatli of Tobias Knight FjSi\' 

Ordered to l)e Recorded 

A [Mjwer of attorney from Ebenez' Whitte to M' Dan* Guthrie was 
proved in Court : by the oath : of James Dange 

Ordered to be Recorded 



COIX)NIAL RECORDS. " 113 



Mkajah: Perry: & New: Pinsilvania Corap* agt Tho" Petterson: 
Capias adoomputandum awarded 

Upon : Informa;con of Edw** Bonwieke attor Gen" That Robt Morgan 
Jno Sawyer Sen' Jno Sawyer Jun': Edw** Williams Richard: Hastings 
& Robt Sawyer Did utterly refuse to pay : the fine of five pounds Each : 
Due from them by an act of assembly : for not Goeing to y* Indian 
warr and in Contempt of y® Said Act : Did by force & armes Rescue and 
Take from the Marsh" Divers Goods on w"^ he had made Distress for y* 
Same persuant to y* Said act thereupon an order of Councill was Derected 
to y* Sd Marshall to Take the afs** Delinquents into Custody : to give 
Seinirity : for their api)earance at this Court and the Sd Delinquents not 
appciireing a Capias is awanled 

Martin fiVanke: Came into Court : & Discharged the Judgmt obtained 
agt him this Court by: Capt Jno Robison for y* Sume of Twenty Three 
]K)unds Twelve Shi 11 : & Eight pence : with Costs of Sute 

Mary Lawson Exf^* of the Ijast will & Testament of Geo : Gladstaine 
Deced by Tho* Snoden her attorney : Comes to pr5s her Suite agt: W" 
Whitte and saith the Deft Stands Justly Indebted to her y* pit qualified 
as afs* one young Maire of Two : yeares old : as by a Certaine written 
Obligsitory und' his projKir hand may appear; and the Said Deft in ])er- 
son appeares & Confesses acc<jrding to Spetiially 

Ordered : that : W" Whitte pay unto Mary I^wson in her cpiality afs* 
one young maire of Two yeares old or the value thereof with Costs als 
Exwn 

And now here at this Court Came: Isaac: Willson: by Tho* Snoden 
his attorney : & moved that the marsh" would bring forth : the Bcxly : of: 
W" Johnson: according to order of the last: Court wherein haveing 
failed the pit prayed that Judgmt might be ConfirmM agt the said Mar- 
shall 

Ordered That The Marsh" of y* County : of Albermarle jmy unto : 
Isaac: Willson the Sume of Three pounds Six Shill with Costs: alias 
Ex«"" 

And the Mai'shall: prayed a Continuance of the attachmt agt the 
Estate of j'* Deft which was Granted 

Jno Blish Marcht Comes by Tho' Snoden his attorney to pros his Suite 
agt Capt Rich** Sanderson in an accon of Trover & Conversion & Saith 
That he the pit on the first Day of apprill last past was Seized & pos- 
sessed of one Indian woman Slave named Ann & one femeal Child as his 
own projKjr goo<l & Chatties and being so Seized & possessed as afs^'the 
afs** Slaves afterwards (viz*) in y* month of June last past by finding 
15 



114 COLONIAL RECORDS. 



Came to y* Custody & possession of y* Deft Nevertlieless the Deft very 
well knowing the afs^ Slaves to be y® proper lawful : & Rightfull Estate 
& Inheritance of y* pit yett minding & Intending the pit of y* Same 
wholey : to Deprive & Defraud the afs"* Indian Slaves to y* pit to Deliver 
or rei!5tore hath hitherto Grainsayed & Doth its yett Gainsaye : to y* pits 
Damage Sixty pounds &<?: and the Deft by Edw** Moseley his attor 
Comes & for plea Saith Non Cull, and for Tryall putts himselfe upon 
the Country and y* pit in like manner Whereupon : it was ordered the 
Marsh" that he Cause to Come to morrow morneing eight of y* Clocke 
Twelve &c whome &c by whomc &c^ who neither cSmj & on the morrow 
Eight of y* Clocrke there came (vizt) who being Sworne say : wee of y* 
Jury find for the pit 30£ and the Deft by his attorney afs** moved in 
arrest of Judgmt and for these Causes; for that the time & place of y* 
Conversion in not mentioned in the pits Declarcon and the matter being 
Debated on both sides & Considere<l by the Court here it is the oppinion 
of this Court that Judgmt ought to be therefor Stayed : & it is hereby 
Stayed &c 

Tho" Pendleton : by : Dan* Richardson his attorney : Comes to pros his 
Informacon ag' Daniell Guthrie: and Saith that : Whereas In: & by an 
act: made by The Grand assembly: of this province between y* 21**" day 
of Jan'y : Anno Dni 170|^ and the Eight day of March then next fol- 
lowing Intitled an act Conscarneing Servants & Slaves by w** Said act, 
it was (intcralia) Enacted in y* following or the like wonls (viz*) and be 
it further enacted by the authority af^*^ That whosoever buy sell Trade 
or Trucke Borrow or lend to or with any Servant or Servants Slave or 
Slaves w%ut the Ijycence or Consent : of his or their : master or owner 
for any Comodity whatsoever Shall forfeit & pay : for every : Such 
offence Ten pounds to be recovered as afs^ as in & by the Said act relacon 
being thereunto had Doth & may more fully appear : Notw'^'standing w** 
s* Dan* Guthrie & Mary his wife of y* p'cinct afs** & w^in the Jurisdic- 
tion of this Court : & Esj)ecially she The Said Mary : the afs"* act noth- 
ing or r^arding but y* Same & the Authority thertH)f altogether Dispise- 
ing and as well in Contempt thereof as Contrary to y® purport: True 
Intent & meaneing thereof: She y* Said Mary Did in y* month : of June 
last past on a Sabath Day Deale Trucke & Trade to & with a negro : 
woman to him the said Tho' pendleton belongen Comonly Called or 
known by the name of Jenny : and of her Did Take & receive Two : 
Sticks of whalebone to y* value of Two: Shills in Consideniipon where- 
of She the Said negro woman Did or was to have & receive of her that 
Said Mary Two: fouls or Dunghill Cockes w%ut y* I^eave Lycence 



CX)LONIAL RECORDS. 116 



Consent or knowledge of of him the Said Tho' pendleton and as well to 
the Great Damage of him y* Said Tho' pendleton as Contrary to y* True 
Designe of y* afs** act whereupon Ac and the Said Def * by : Tho" Snoden 
& Edw^ Bonwicke his attorney Comes to y* Pits Informacon : Doth : 
Demurr : w** l)eing Joyned by the p^* and Argued on both sides : and the 
Court have Considered y* Severall Causes offerd by the Def* it is y* 
oppinion of this Court that y* Said Demurrer ought to be overruled & it 
is hereby over Ruled and thereupon the Def * by his attorneys afs** moved 
for an arrest of Judgm* till y* next Gen" Court & it is Granted 

Concordatur 

Upon petiti(gi of Tho' Bateman & Mary his wife 

Onlered thaty* Said Petitioners be allowed the Sume of Eight Shill : 
& four pence Each for their Travill & attendance being Sums as Evi- 
dence by Jn*" Butler ag* Jonath Bateman als Ex~" 

Jn° Bailes Rob* Temple Jn^ Birkitt Edw'* Smithwick being lawfully 
Sumons on y* Grand Jury : were Sollomly Called Came not and there- 
u[K)n it is ordered That the Said persons be fined y* Sume of Twenty 
Shill Each according to Rule of this Court 

And then the Court adjourned till the morrow morneing Eight of the 
Clocke 

ifryday morne Eight of y* Clocke the Court: meett & Satt 

Jn" Porter: by: Edw^ Moseley liis attor Comes to pros his Suite ag* 
Jn* Salley : and Saith : That he the Deft Doth owe & Stand Justly 
Indebt<}d to y* p^' in the full & just Sume of forty nine pounds. Three 
Shill : & Six pence halfe peny : as in & by acoo* Settled and adjusted: 
between them : Doth appear &c and the Said Def* was Called & Came 
not according to returne of y* Writte whereupon the p" prayd an order 
ag' the Marshall 

Ordered that the Marshall of y* county of Albemarle have the body 
of the s* Jn** Salley at the next Gen" Court alias Judgm' ag* the Marsh" 

Mary Porter widdow : & Jn° Porter Exccuto" of y* last will & Testa- 
ment of John Porter Dec* : Comes by Edw** Mosely their attor to pros 
their Suite ag* John Salley in a plea of Debt & Saith that the Def ' by one 
writteing obligatory under his hand Dated the 15*^ of Octo' 1710 Did 
acknowleilge himselfe to Stand Indebted to y* said Jn" porter Dec** the 
Sume of Seventeen pounds & Ten pence: in Sundry Species of this 
Country as |^ warn and the Def* was Called and Came not wherefor the 
p" prayd an order ag* the Marshall 

Ordereil that the Marshall of the County of Albemarle have the Ixxly 
of the Said Jn'* Solley at the next Gen" Court alias Judgmn' ag' the Mar- 
shall 




116 COLONIAL RECORDS. 



May porter widdow and Jn*" ix)rter Executo" of the Last will & Testa- 
ment of Jn"" Porter Dec** by Edw** Moseley their attorney Comes to pros 
their Suite ag' Jn** Salley in a plea of y* Case and Saith That The Said 
Def * Stands Justly to ye p*** in their quallification the Sunie of fBfty 
pounds Eight Shillings & a i)eny in Skins at Two Shill *^ jx>und : for 
Divers wares Goods & marchandizes by the s* Jn** Porter Dec^ : Sold and 
agreed for to & w**" y* Def * &c and the Said Def* was Called & Came not 
according to the retunie of tlie writte wherefore the p*" by their attorney 
prayed an onler ag* y* Marshall 

Ortlered that the Marshall of the County of Albemarle have thee body 
of the said Jn** Salley at the next Gen" Court alias Judgm* ag* the Mar- 
shall 

Henry Speller: James Thiggpen & Bartho Phelpes being lawfully 
sumoned on the i)etty jury : Solemnly Called made Default 

Ordered that the said persons be fined the Sum of Tenn Shillings Each 
according to rule of This Court 

And then the Court adjourned for an hower 

att an hower the Court meett and adjourneil to the Court in Course 

C. GALE Ch : Jus* 



1714. 

[From North Carolina Letter Book of S. P. G.] 



MR. URMSTONE TO GENERAL NICHOLSON. 

North Carolina, Jan. !■* 171|. 
Honored Sir : 

I have some time ago congratulated your safe arrival at Boston, but in 
ho|)es still of Ix^tter things dare not to be so plain with you, l^eing under 
some obligation of shewing mine to some who j)erhaps might have dis- 
liked, tho' would neither contradict nor yet remedy what I could, and 
now as heretofore for near these four vejirs have had too much reason to 
complain of. This is now the time of payment, whilst people have it: 
Vestries have Ixien summoned, but to avoid payment would not meet, 
and thus they have served me ever since I came among them, so that I 
fear I nmst retire into the next Government for relief, which will be an 



CX)LONIAL RECORDS. 117 



eternal reproach to this Government, and the total niin of me and my 
poor family. If these find your Honor at Boston and you shall think 
fit to intercede with our Governor and Council to provide for me till you 
come, I shall Ixi very glad to see you here, but without your letter cannot 
hojHi to l)e so happy. I have made use of my witts to live hitherto, but 
now am at my witt's end. Starve nor dig I cannot, and \yeg I am 
ashamed. I humbly entreat your honor to i>eruse the inclosed and for- 
ward them atx^nling to dire(»tions. These with my humble respects are 
from 

Honorable Sir, 

JOHN URMSTONE. 



[Council Journal.J 



No Carolina — ss 

Att a councill holden at v* house of the Hon**'* Tho' Pollock in 
Chowan on Saturday y' 23^ Day of Jan'^ 17|| 

Present 

The Hon"' Tho' Pollock Esq' Presid* &c 

( Nath Chcvin ) 
The Hon"' { W» Reed > Esq' Ixls Prop^ Deputvs 

( To Knight J 

Complaint being made to this Board by King Blount & divers of his 
great men that Meherrin Indians have taken two Indian children belong- 
ing to y* s* Blount &c whose parents are at amity to us and Doe De 
tvne the Same as Slaves 

Wherefore tis Resolved by this Boanl that y* President Doe write to 
y* s^ Meherrin Indians Commanding them to deliver the s* Indians as 
they shall answai'e the Contrary at their Perrill and upon refusall that 
v* President doc take such further mejisuresas he shall think fitt to com- 
pell them thereto 

It api)ean»ing to this Board that there will l)e a nesessity of a small 
(juantity of Corne to \ye raised for the supix>rt of King Blounts Indians 
who an* employ'd in tho servi(x) of this (iovernm* It is resolved by this 
Board that the Hon"* the President doe impress 150 bushells of Corn & 
Cause it to 1k» Ij(Mlged at W" Coys Garrison for y* use of y* afs"* Indians 



118 CX)LONIAL RECX)RDS. 



It is Ordered by this Board that noe lands be SurveyM for any person 
w**in twenty miles at least of Cape ffear river & Soe up to y* head of 
Trent river till further orders from this Board 

THO POLLOCK 
THO- BOYD 
T KNIGHT N CHEVIN 



[From the Vestry Book op St. Paul's Parish, Chowan Precinct.] 



At a Vestry met at the churc^i on tlie North Shore of the Sound in 
Chowan p'cinct Man^li y* 2^ 17^ 

Present 
The hono"* Thorn' Pollock Esci \m\^' 
William Duokenfield Esq 
Thomas Peterson 
Thomas Luten 
Thomas Lee 
Ijconard Loften 
Samuel Patohet 
And they having taken into Consideration the Ix^tters from the Hono"* 
Society by the Hono^^' Co" Nicholson, together with one fnmi his Hono. 
the following Answers to the Said Ijctters were ordered. 

To Hono**^' Society de propoganda &c 
S" 

We whose names are here underwritten Vestrymen and Church War- 
dens of the precinct of Chowan in the County of Albemarle in the 
Province of North Carolina do for our Selves and on Behalf of the Rest 
of the Inhabitants of this said precinct in a most Grateful Manner, 
Return our hearty Thanks to the Hono"' Society Ac. for their great Care 
of our Souls' Health in Sending over Missionaries to preach the Word 
of God and Administer the Holy Sacraments among us. We and the 
whole English Ameriai ought to bless and praise the Almighty for hav- 
ing put it into the Hearts of so many Honorable and Great persons to 
think of their poor Country Folks whos(» Ijot it hath l)een to come into 
these Heathen Countries, Where we are in Danger of Inn-oming like the 
Indians themselves, without a God in the World. 



COLONIAL RFX:J0RDS. 119 



We of this precinct : with the Rest of the Groverm* in particular have 
been for some time happy in the pious endeavours of/di vers of the Clergy 
Miss^ and others who have Set up the Worship of God according to the 
Church of England by Law established amongst us. but by the poverty 
of the Country, Unsettledness and Opposition of Sectaries. We never 
yet were able to make due provision, for those of that holy Order, whicli 
hath We fear been the Occasion of their short Stay with Us. None of 
them ever abode so long here as the Reverend M' Urmston hath done. 
Yet have not been So happy in him neither as We would have desired, 
by reason that for the most part, there hath been no other Minister in 
these parts Since his arrival ; and seeing the Confusions and Distractions 
of this Unhappy Colony, were so great, the opptxsers of the holy Church 
so numerous and their Endeavours to subvert the same indefatigable, he 
hath made the other precincts Sharers with Us in his Ministry. His 
great pains and unwearied Dilligence to keep together those of our 
Church, hath had good success, and will undoubtedly he very acceptable 
to the Soc»iety. It were to be wished he had met with due Encourage- 
ment proportionable to the great Feteagues and hardships, which he 
hath Undergone, but fear he hath failed thereof. We of this precinct 
allowed him according to our first act of Assembly in Favour of the 
Church of England, [which was not obtained without hard Strugling] 
30£ p' annum, for the first year, and half hoping the other precincts 
where he officiated would have done the like. We cannot say we have 
fullfiUed our promise. As for the two years last past he hath been pre- 
vailed with, and indeed Necessitated, not being able to travel any longer 
about the country to confine himself to this precinct, where his Residence 
hath constantly been. We have a large parish, many poor inhabitants, 
and those Seated at a great Distance from each other, passages very 
Uncertain by Reason of a broad River, which runs through the 
Heart of the Parish, near 100 miles in length, and in many places 
broad, and but one sorry Church on the North Shore of the Sound 
never finished, no Ornaments belonging to a Church, nor wherewith to 
buy any except the Bounty of the Hono"' Col Nicholson Viz* 10 pounds, 
part of the 3tf** given by him when Gov' of Virginia to three Parishes 
of this County which is not yet expended for want of an addition ac- 
cording to the Intention of the Donor, parsonage House and Glebe we 
have none, nor a School : The first Library of great Value Sent us by 
the Direction of the Reverend Dr Bray, thro' an unhappy inscription 
on the Back of the Books or Title page. Viz' Belonging to the parish of 
S* Thomas of pamlico. in the then rising but now miserable County of 



120 COLONIAL RECORDS. 



Bath falsly supposed to be the Seat of tlie Governm* was lodged tliere. 
and by that means rendered useless to the Clergy, for whose siTvice it 
was chiefly intended, and in what Condition We Know not. We fear 
the worst by Reason of the late war. The Library, sent in by M' Gor- 
don was all left with Mr Wallace late Minister of Keketan in Virginia 
Save Witby's Annotations on the New Testament. 2 Vol Fol and Pear- 
son on the Creed, which we have, the said M' Wallace upon due Appli- 
cation refused to deliver the Books, without an Order from the Society 
or M' Gordon. There were missing Collection of Cannons. Peveridgc 
on the Catechism lieimet ag' the Quakers. Lucas of Happiness 2 Vol. 
8vo. Esichanls Ecclesiastical History fol. and now the said Mr Wallac* 
is dead we fear the like ill Fate may attend the rest, thase Charity 
Books to the value of 5 lbs the generous Gift likewise of the Society 
have been since Mr. Gonlon's Departure, disposed of as was intended. 
What relates to the other parishes, within this Government, we presume 
will l)e laid before the Society by their respective Vestries, their neces- 
sity We lielieve to be great, but being under the like unhappy Circum- 
stance b^ leave only to supplicate for ourselves, and to pray the Hono"' 
Society to continue or rather add to the Salary of M' Urmston to the 
End he may l)e ennabled to stay with us. and that they will out of their 
great Charity concur with our Honest but weak Endeavors to e*>tal)lish a 
Church, Ministry, and a School, with the allowance of 10 or 15 lbs p' 
Annum to a person whom We shall make Choice of to teach our Chil- 
dren in this p'cinct and we shall be bound ever to pray that God All 
mighty may increase their Store and Strengthen their Hands in the car- 
rying on the great Work they have so piously midertaken. and may 
meet with happy Success in that their Glorious Design. 

So prays S*" 
Your most obliged poor Countrymen 
of the Vcstrv aforesaid. 



To the Hon"« Co" Nicholson 

Honoured S' 

The Reverend M' Urmston having accjuainted Us with your Hon 
good Intentions towards this poor Country particularly Us of this par- 
ish and the Continuance of your Generosity to usward. 

We humbly pray your Accej)tiuice of our unfeigned thanks for all 
your Favors. Hoping We have complictl with the Orders of the Holy 
Society in the enclosed. We humbly beg your Hon' -would pleased to 



COLONIAL RECORDS. 121 



concur with our Request to the Society and promote the Interest of a 
poor Country which you seem to wish so well. Your presence here is 
very much desired, all honest men and Friends of the Church are big 
with E-Yi>e(rtation of the great Influence your gocnl Endeavours may 
have over us all, to confirm and make all the Meml^ers of our Church 
adhere more Zealously to the Interest thereof. 

Silence the Gainsay ers and reduce the Authors of our late Confusions 
to a due Obedience to all lawfuU authority in Church and State. 

These with all unfeigned and humble 

Respects are from 

Hono^ S' 

Your &c. 



Upon Complaint from M' Urmston that the Sherriff Jn*" Hardy had 
failed in the Collection of forty five pounds ordered to be paid to the 
Said M' Urmston. Decemljer y® 10*** Anno 1711. 

Ordered that the said John Hardy do give an Account to the Church 
Wardens, who ordered him to Collect the Same of all he hath received 
and paid on that aa*ount on or before the last of this month. 

Ordered that the present Church Wardens pay James Bcjisley for a 
Desk in the Church as soon as it can be raised. 

Ordered that Doct' Spruill be paid for the Cure of Ebenezer Aldridge. 
his Claim of twelve pounds .by the present Church Wardens as soon as 
money can be raised. 

Ordered that Mr Moseley be alloweil forty Shillings for the Board of 
the Said Eben : Aldridge for four months b}; the present Church War- 
dens as soon as money can be raised. 

That M' Edward Moseleys Request for an allowance towards his Loss 
in the plank bought for the use of the Church be referred to the consid- 
eration of the next Vestry 

THO LEE THO* POLLOCK 

LP:0NARD LOFTIN W"* DUCKENFIELD 
THO* PETERSON THOMAS LUTEN 



[From North Carolina Letter Book, 8. P. Q.] 



MR. RAINSFORD TO THE SECRETARY 

Chowan N. Carolina March 30"" 1714 
Worthy Sir 

Since my arrival here 1 have writ several letters to the Society accord- 
ing to their directions half yearly & particularly relating to my Mission 
16 




122 COLONIAL RECORDS. 



and proceedings in this Government. I can't suppose my letters U) have 
miscarried by reason of my Bills being protested by the Treasurer as 
soon as exposed to view I can't but think this is severe usage considering 
the inexpressible hardships and inconveniences it exposes me tq I need 
not tell you that neither Mr. Urmstone nor myself has ever received any- 
thing by way of support by the contribution of the Inhabitants but my 
own particular losses have been considerable in this Government whether 
I respect the horses I have lost here the great expenses I have lx»en at for 
a guide to inform me in the road (which has been no less than £20 yearly) 
my everlasting fatigue in going by water and hiring hands and now the 
great misfortune of having my Bills protested. This last particular had 
almost ruined me by destroying my credit which has been upheld ever 
since my* arrival by that worthy Gentleman Mr. Edmund Kearney out 
of profound respect to the Society and now this every thing not only 
exposes me to want but even to the dangers of a Gaol — The fatigue of 
being an itinerant I am not able longer to undergo and have accordingly 
quitted the 25*** of this instant the Societys employ I designed instantly 
home but can't possibly leave America till Mr. Kearney is every satisfied 
for the sume he has lent me — 

It's well however known to the Society that I left an excellent cure 
in England — That I came here not out of necessity but choice not for 
interest but conscience when I entered into their employ and I had rather 
ser\'e the ScK!i(?ty 7 year gratis than to let this Gentleman suffer for his 
undeserved civilities I am now with him in order for Virginia where I 
shall supply some vacant Parish till I receive an answer to this and 
accordingly have sent those Itwo Bills a se(K)nd time which have been once 
protested hoping that Hon^^* body will consider my condition in so 
remote and helpless an al)ode and pay them now punctually to Mr. John 
Porterfield that I may be easy under these hciivy and almost insupport- 
able circumstances I have put the two forty pounds bills into one Eighty 
pounds that it may be less troublesome to the Treasurer — There is this last 
half year due to me still with the preceeding half year that I have not 
heard of tho' dmwn for this I shall omit dmwing for till I see CoP 
Nicholson who is expected in two months time I formerly mentioneil my 
readiness to serve the Society in any other part of America except this 
of North Carolina provided I may be a settled Incumbent and have no 
greater difficulties to grapple with than the rest of my brothers employed 
in this service I now sincerely offer myself to any place the Society shall 
please to appoint me I have faithfully and conscientiously discharged my 
duty during my continuance in these parts and at the first return to 



COLONIAL RECORDS. 128 



answer to this shall go to Britain unless the Society disposes of me as I 
propose — 

The Colony is now at peace the whole body of the Indians being 
entirely destroyed — I never yet received a Book of Mr. Adams's Mr. 
Sanderson who had them at his deatli having disposed of them to those 
who neither will use them nor return tliem Mad"* Hyde sold me all the 
Societies Books committed to her care for Eggs Butter &c. when they 
were to be disposed of gratis according to the interest of the Society — 

I can safely say that my lodging for the best part of my time in this 
Government was in an old Tobacco house & exposed to even in my bed 
the injuries & violence of bad weather with infinite otlier inconveniences 
only to settle myself where I thought I had an opportunity of doing 
most good. 

Mr. Urmstonc told me he immediately designed home soon after the 
arrival of Co" Nicholson and truly I don't see how the country any way 
deserves a Missionary among them for behave yourself with the greatest 
caution and reserve and shew the fairest example of a Christian life yet 
notwithstanding they'l traduce slander and bely you and if you seriously " 
tell them of their faults they" not only absent themselves from Divine 
service but as much as in them lies hinder others from the performance 
of what G(k1 and religion require at their hands I once more entreat 
your Venerable Ixxly the Society tliat my Bill may be paid in order to 
my future quiet and I shall ever ac^knowledge it to be highly charitable 
and condescending in them for so distinguishing an act of their bounty 
and gooilness shewn to their Missionary as well as most grateful most 
obliged thankfull 

humble servant 

GILES RAINSFORD Miss: 

1 formerly writ to be discharged from this cue and if the Society took 
it into consideration as 1 suppose they did and discharged me at their 
Board there remains their bounty of a years salary (as appears by their 
collection of paper) which I presume is intended to carry me home 



[Council Jouhnal] 



North Carolina ss 

Att a Councill holden at y* house of Cap* Jno Hecklefeild in Little 
River on Wensday April y* 7 1714 




124 CX)LONIAL RECORDS. 



Present The Hon**^* Tho» Pollock Prcsideut &e 

C Thos Boyd ' 
] Na: Che\'in 



The Hon- . ^^,„ ^^^ 



> E8(|' Ixls i)rop*" Dep'y' 

T Knight 

Upon Petition of M' Joel I Martin Attorney to M' Jno Morgan Exec** 
of y* Last Will of Capt James Beard dec^** praying Letters Testamentary' 
npon l)ehalf of y* s** Morgan upon y' afs** Will 

Ordered that letters Testamentary l)e granted as pray'd for 

Obadiah Rich acknowledges himself to Stand Justly indebt^l to our 
Sovereign Lady the Queene in the Sume of ffifty pounds & T McBride 
in the Sume of fifty pounds to he levyed upon their goods jfe Chatties 
Lands and Tenements Upon Condition that y* s* Rich doe api>eare at y* 
next Gen" Court Uy Ikj holdeii for this Governm' to answer to such mat- 
ters as shall l>e objec'ted ag* him & in y* meantime to l)e of his good 
behaviour 

Whereas the Dep* Marshall of CHirratuck have returned a warr* exe- 
cuted ag' Rich** Smith to appear Ix^fore this Councill but neither the s* 
Marshall nor the s** Smith appearing It is hearby ordered that y* said 
Mars" have v* IkkIv of y* said Smith at y^ next Gen" Court to he holden 
there to answer the said Ccmiplt as he will answer y* Contrary at his 
peril 

Dan" Richardson Escj' the L*** proprie" Receiv' Gen" rcpropentiug to 
this Board that there is a nessessity of appointing some persons to rec^ieve 
y* '^chase money in the County of Bath & pray's the opinion of this 
Board whither if he appoints such persons as afs** the Charges that he 
shall be at for receiving Storage &c may not be allowed upon his ace** 
with y* Propriet" 

Whereupon this Board haveing duely Considered the matter. It is. 
their opinion that all Such reasonable Charges as y* afs** 'Richardson Shall 
be at as afs** ought to be allowed to his Cred' on y" Proj)*" Ace** as afs^ 

M' Charles Worth Glover having reported to this Board that he was 
Resident at King Blounts Town four months by a form' order of y* 
Assembly by w*'*' order he was U) have receiveil ten pound for y* first 
month & £5 for everv month after wh*** amounts in the whole to £25 to 
Ixj pd at his returne but Contrary to F^xpcn^tation the Treasurer refuses to 
pay the same untill next ye*ar 

Wherefore it is or<lere<l that y® Treasurer of Pequimons pre(;* Doe pay 
y« afs** Sume of £25 to the S** Charles Worth Glover without Delay 

floras much as it has l)een represented to this Board by theCommons As- 
sembled that by reason of y* contimiall Outrages & HostillitysConunitted 



CX)LONlAL RECORDS. 125 



by the Indians in tiie C-onnty of Bath the Pwjple Inhabiting tliat County 
(annot soe reiidily comply with the paym' of the ''^chase money for the 
Land as by Act of Assembly is recjnired and therefore prays that a fur- 
ther time may 1k^ grante<l to them for that "^pose and that their Settled 
Lands may not Laps(» in the mt^an time which matter lx*ing C-onsidert^d 
by this Board 

It is Ordere<l that no Lapsed pattents 1x3 granted for y* future for any 
Settled Lands in the Countv of Bath nntill futher Orders from this 
Board but that untill such futher order tlie people who are the owners & 
possessors thereof have Liberty to provide and se(»ure paym' for the Same 
And tis further onlered that whenever this order shall Ik* altereil notice 
thereof shall be given to y* People by PnK'lamation at least ffour months 
before. 

Whereiis many People haveing taken up Land upon the Morratock 
River & the bnuiches and Pattented the same but are not capable of set- 
tling them by reason of the Indians ^suant to y* purport of the same 
j>attents — 

It is ordered that such Land Shall not Ijapse for want of seating till 
one years notict^ thereof be given from this Board 

Cap* W" Hancock haveing ComplainiKl to this Board that he having 
imprest & Conmianded Jno Tanyhill W° Hutson ifrancis Hill Edw* 
Pearc« Tho" Jones Geo Moy Jno Haman Jno Slocx^mb Tho' Masters Jno 
Sheaver & Christo Miller to march (mt w^ him ag* the Indian Enemy 
they utterly refused to obey his coinand in Contempt of the authority of 
this Governm* 

Therefore It is onlered by this Board that y* Provost Mars" of the 

County of Bath take the severall '^s(ms al)Ove named into his Custody 

untill they give gcxwl scH'urity for their ap])earanw at y* next Gen" Court 

to answer the s^ Contempt 

THO POLLOCK 

THO- BOYD 

T KNIGHT N CHEVIN 



[From North Carolina Letter Book of S. P. G.] 



MR. UKMSTONE TO GENERAL NICHOI^ON 



North Carolina April 12 1714. 
Honored Sir 

As S(K)n as |>ossil)le afler I was favoured with one from the Society 

inclosed in your honor's I sent to the several Vestries within this 




126 CX)LONIAL RECORDS. 



wretched Government in number seven and exliorted them to lay hold of 
this opportunity of obtaining Missionaries and School masters which are 
much wanted — I know not how quick they may be in complying with 
your commands if know them I am not apt to believe they'l not be over 
forward, such slow bellys to all that concerns souls health : most here 
had rather \ye without them. I am sure they are not worthy of any 
and were their usage of me known I am persuaded none would be so 
mad as ever to come among them thcy'l neither pay Minister nor School- 
master nay they had need to be hired to go to church or send their chil- 
dren to school I and all my predecessoi*s have been laden with calumnies 
reproach and scandalous falsehoods instead of wealth nay having had the 
hard fortune of staying against my will longer with them than any of my 
function ever did — I find them more prone to take from us by fraud and 
extortion what we bring with us and s(H^m unwilling we should live 
though at our cost by them — 

I cannot but wonder the Society should want to be informed about the 
state of this sorry country since I haye sent them so many and such dis- 
mal accounts of it I ihiw I have l)een abused for my custom hath 
Ikhmi U) send my letters open to a certain Meml)er of the Society who 
either hath not delivercil them or else they were not Ijclieved I have often 
prayed for a removal or rather leave to go home and had I l)een able I 
should long 'ere this have left the place 'tis very grevious to live in so great 
want of fcKHl and raiment and indeed all necessaries, to hear the com- 
plaints of a poor Gentlewoman I brought from her friends who had she 
not been my wife would never have endured so much baseness and above 
all things the continual danger we have been in a long time of being sacri- 
ficed by the Indians, frightful reports of daily murders conmiitted in the 
neighborhood — I blessed God we have escaped with our lives but have suf- 
fered more than any other family in the Government for all that lost either 
houses goods or provisions were relieved and taken care of whereas we are 
n^lected I have frequently b^ged Ix^th in public and private for 
relief if not allowance as their Minister at least their charitv as a chris- 
tian and Inhabitant but it availed nothing; many would say why did I 
not lalx)ur & make (H>rn they saw no reason why I should not work as 
well as they. 

I cannot see how it will ever l)e possible to s(»ttle a Ministry here the 
people live so scattered and remote the Parishes so large that they can- 
not he supplied without much lalxiur and charge — I have l)een o|>en 
exjK)sed to great danger and a great expense and at last lx)Ught a couple 
of Negroes and a caui^K* in onler to serve my cure and forctnl to hirt* a white 



COLONIAL ItECOKDS. 127 



hand to teach tliem as well as make them work, weary of that charge I 
resolved to buy uie au English Servant was cheated with one by Thomas 
Jones who out of pure kindness spared me one whom his brother had 
tried for 8 months and not being able to manage him let me have him 
for £14 Sterling he could not have found such another villain in all 
America he first robbed me and at 3 weeks end ran away — I sent after 
him but cannot hear of him — This is the 4^** white servant I've lost since I 
left England I was most abominably cheated with a Negro ^ho died 
within ten days after I bought him — I've been very unfortunate in cows 
and horses my Salary spent in Bills the worst way of improving it; My 
attorney abuses me has suffered two Bills to come back protested and I 
fear will serve other two which I sinc^e drew upon him in like manner, 
so that I shall be very miserable, nothing coming in from the Country 
nor credit — 

We had great plenty of corn wheat and Porke and hoped I should 
have had a little of each if I had not employed my hands in the service 
of an ungrateful people I might have had grains of all sorts. I prest the 
vestry to meet me and provide forme in time but could not prevail til the 
arrival of your honor's letter and then 'twas with great difficulty afler 
six voyages and ten days spent myself and hands attending uj)on the 
Gentry : some were for allowing me nothing, others said it was too late, 
the i>eople having disposed of all the provisions they could spare — They 
agreed upon an answer to your Honour and the Soi?iety 'tis ordered to be 
written over fair I guess by Christmas next twill be ready to send, I 
would have inserted their treatment of me it might perhaps have been 
encouragement for other to cx>me from England, I do not sup|)ose they'l 
let me see much less sign it — They do not allow me to sit in Vestry, at 
my first coming I prevailed with the Assembly to make an act for estab- 
lishing the Church but was not consulted about it The former act offended 
the Society in reserving a Power to the Ve>^try to turn out and hire Min- 
isters at pleasure. 

I think this is of worse cronsequence for uow they aixi at their liberty to 
allow any thing or nothing and accordingly the purpose to serve mc — 
Co" Hyde engageil this Parish to pay me £45 for the time past to Christ- 
mas 1711 tis not much above half collected and of that I have receivx>d 
£11 odd shillings they promised me £60 |)er annum ever after but now 
will pay me nothing — a year hence we may have another Vestry and 
then the Sheriff' must account for his mismanagement — If I have no 
goods from England this spring I know not what will become of me — 
M' Rainsfortl acted very unfair; he would have fortxxl me out of this 




128 COLONIAL RECORDS. 



PariKh, no other place would please him he offered to serve it gratis and 
told the |)eople the Society did not expect the country should allow any 
thing, that doctrine was very edifying but in a short time he betranie as 
contemptable as he endeavoured to render me he is now in Virginia but 
will not be entertained. Reckoton and Nansimond rejected him I am 
told the Governor has threatened the latter to compel them to retxiive him. 

I acquainted your honor in a former if I mistake not that the Library 
my Preil(^«ssor M' Gordon should have brought in was left with M' 
Wallace of Virginia he is dead and I fear the Books will lx> lost — 1 have 
desireil an order mort^ than once from the Society or M' Gordon to demand 
them but have no answer from that or a thousand other things very ma- 
terial relating to my Mission ; surely paper and ink must be dear in 
England The Vestry of Coratuck where M*^ Adams late Missionary 
died detain his Books on pretence they were at some charge in fetching 
them out of Virginia and will appropriate them to that Parish where no 
Minister will scarce ever reside. The famous Library sent in by Dr. 
Brays dire(?tions is in a great measurO destroyed I am told the books are 
all unbound and have served for some time for waste pai)er. 

I humbly bt^ of your honor to order £20 Striding to l^e laid out as 
follows and sent by the IxiJirer and I'll send you my Bill upon the Treas- 
urer viz. Sugar the I)est sort — Molasses and Rum of e*ach a barrel, the 
best pale or shu^k dried Malt a hogshead with hops proj)oilionable the 
three former are as pre<'ious here as gold of Arabia with them I cjin buy 
Provisions — I shall want 3 or 4 Sickles a gallon of the l>est sallet oil Nut- 
megs 2 ozs. (jinger 2 lbs. black jK^pper as much cinnamon cloves mace each 
3 ozs. ink powder two papers and if money will hold out a barrel or two 
of cider will l)e very welcome — 1 should not have taken this liberty had 
I any accpiaintimce there I desired the Sm'iety to give me credit there or 
at Barbadoes £20 per annum but am neglected twould have done me 
great f^ervice — Many begin in doubt i>f your honor coming hither and 
more do not desire you may — ii* you do not here will be no abiding for 
me, I therefore crave I may be dismi.ssed if your Honor auuiot do it 
I entreat you to press the Society to do it — I find by virtue of an order 
made sinc^e I left England 'tis not prudent to remove without leave first 
obtained I Ix^ pardon for my txxlious long letter and your acx^ptance of 
the most humble resi)ects of 

Your Sir &c 

JOHN URMSTONE 

Missionary. 



COIX)NlAL RECORDS. 129 



[Council Journal.] 



North Carolina 88 

Att a (X)uncill holden at y® hou.se of Capt Jno Hec'klefiekl in Little 

River on ffryday the 28*** clay of May Ano Dom 1714 

Present the Hon"' Tho" Pollock Presid' Ac* 

( Tho- Boyd ) 

The Hon"' < N Chevin V Esq' Lds prop'" Dei)'^" 

( Tob- Knight j 

The Hon"' Charles Eden Esq' Presented a Coniission to this Board 
from his Excellcy The most Noble Henry Duke of Beaufort Pallatine & 
the rest of the R* Hon"' & Hon"' the Lds prop'" of Carolina thereby 
appointing him Gov' Cap' Gren" & Adm" of this province which said 
Coraission was read allowed and ordereil to be recorded and the y' said 
Charles Eden tooke and subscribed the several oaths by law appointed to 
be taken for his qualification together w*** the Oath for y' Due Observa- 
tion of y' Laws of Trade and Tooke his place at y' Board as Gov' 
a(xx)rdingly — 

Then the afs* Councill being continued there was present 
The Hon"' Charles Eden Esq' Gov' Cap' Gen" & Adm" &c 

f Thos Pollock ^ 

Tho' Boyd 

N Chevin 
^ To Knight ^ 

Then a Proclamation was Issued out & published for y' Continuance 
of all Officers & Majestrates both Millitary and Civill and all process 
Dei>ending untill the Gov" pleasure Should be farther Knowne thereon 

Then this board adjourned till tomorrow morne 

Saturday Morne May 29'** 

This Board met according to adjournment there was present ut Supra 
together w'** the Hon"' Maj' Christo Gale 

Whereas report has been made to this board that y' Hattcress Indyaus 
have lately made their Escape from y' Enemy ludyans and are now at 
Co" Boyds house 

It is ordered By this Board that the afs** Co" Boyd Doe supply the 
Said Indyans w'** Corne for their Subsistance untill they can returne to 
their ow^ie habitations againe and lay his Acco' thereof before y' next 
Assbly 

17 



The Hon"" 



Escj' IAh prop*" Dep'J^' 



130 COLONIAL RECORDS. 



fforasmuch a.s there is like to be a great Want of Come in this Gov- 
ernm* for y* Supply of our fforces ag* y* Indyan Enemy 

Wherefore It is ordered by this Board that y"" Several 1 Officers of y* 
Customes within this Governm* doe not from hence forward permit any 
Vessell now to be entered to take any Corne on board till farther Ortler 
from this Board And that they signify y* same to y* Masters of y* Ves- 
sells at y* tyme of their entry. 



[From N. C Letter Book of 8. P. G.] 



M' URMSTONE TO THE SECRETARY. 

North Carolina June 12 1714 
Sir 

You say in yours of Dec^ 18 1713 which c«imc to hand two days ago 
that mine to Mr Hodges dated Oct' 22""* 1712 was at last communicated 
to the Board. I wonder what has beci>me of divers older as well as 
fresher date of far greater moment. I gave l>on(l for the books which 
M' Gordon should have brought me but left with Rev** M' Wallace late 
Minister of Richetau on James River Virginia where greatest part of 
them still are. I did ind(»e<l after the decease of Mr Adams demand his 
books but was denied them and so will everv one that is not musket 
proof — the Vestry pn^tend that they are aj>propriate to that Parish so 
that I l)elieve neither S<Kuetv nor their Missionarvs will ever Ix^the better 
for them, they'l do by them as the gentry of Bath have done with that 
famous Library the Rev"* Dr. Brav sent in here as of £100 value — make 
waste paper of their Books rather than the clergy should have them such 
is their esteem of our functions in all other respe<*ts were it in their power 
they would deprive us of fo(Kl and raiment too — 1 and my pore family 
are brought to that pass: I brought £50 worth of BcM)ks with me, they 
are mostly destroyed in the way & through want of safe custody apparel 
& necessaries we had sufficient but now being forced to sell our bedding 
cloths off our backs & all the movai)Ies we could spare for a little pro- 
visions — we are destitute of gocnls & naked & instead of Books I've 
gotten a parsel of Tools fit for all trades set up for my Library which I 
am forced to make as much use of as I should do of Books had I leisure 
contempt enough without any fault of mine I cidl God and all go<Kl men 
to witness : but such is the fate of the greatest part of the Ministry, 



COLONIAL RECORDS. 131 



thanks to the mismanagement of the reformation and the worldly mind- 
echiess of too many who have the gocxl fortune to know the great Men 
and some by merit but more by indire(*t not to say unlawful ways have 
attained to great preferments yet the contempt brought upon us the 
inferior rank reaches unto them their pluralities of fat benefits does not 
screen them from partaking with us but they can l^etter l)ear it — Nil 
hal>et insese di virus Paupeiiiis — 

You say complaint ha.s l)een made that some indiscreet & negligent 
actions have exposed me to the hatred and contempt of the i>eople. it is 
no wonder for, 'twas so from my first setting my foot into this wretched 
hole 'tis well I have any discretion left since I am almost bereft; of the 
little sense & reason I was once Master of, my sacred character is suffi- 
cient to draw hatred & contempt upon me from a pack of profligate & 
loose people & zealous sec^tarists whose whole endeavour it is to load 
me with reproaches — This colony chiefly consists of such our Vestries 
not excepted, however I pro(?ured aftxir 7 months entreaty many long & 
tedious Journeys & voyages sometimes 3 or 4 days abroad with 3 servants 
divers appointments & as many disappointments I got I say 7 of our 
Vestrymen together at last who persuaded with much difficulty to draw 
up an account of the state of this Parish which had not been obtained 
did not they fear CoP Nicholson would come in and be displeased with 
them at the request of the s** Coll" I communicated l)oth this & that from 
the Society to all the Parishes within this Government but hear not of 
any thing done save in my Parish the great reason of our Vestrymen 
their unwillingness was fear of being obliged to do some thing for me it 
being then pay time & great plenty of all sorts of provisions yet pore 
was put by, neither the £45 ordered in Dec* 1714 & then due nor any 
thing from the time since that could be obtained nor ever liked to be they 
were forward enough to magnify their poverty & heg further assistance 
of the S(X5iety but in very deed worthy of none — These Vestrymen you'l 
say, can be no better than enemies to me, nay two of them were professed 
anabaptists & 3 vehement Scotchmen Presbyterians one descended from 
Quakers & I believe never Baptized & still I suspect no friend of the 
Church yet these very men in their said account will take all such accu- 
sations alleged against me, tho' unjust in all other respects yet have done 
me that justice even l)efore I know I was accused I cannot but lay it 
very mudi to heart that the Society to harken to the complaint of some 
idle person & so regardless of the repeat^l requests I've made for their 
assistan(»e and directions in many difficult cases & the frequent dismal 
relations of my misery which increases daily uik)u me; I am now in 



132 COLONIAL RECORDS. 



manifest dauger of starving for want of bread & except am relieved as 
soon as the wheat is reaped I know not what to do : the sloops from N. 
England sweep all our Provisions away — We have twice as many vessels 
tliis year as ever were wont to come, there arc above 7 now waiting like 
as many vultures waiting for our wheat & more daily expected, they sell 
their goods at exorbitant rates & thus we are rendered poor no marvel I 
suffer then for come what will out, let who will go unpaid. Rum long 
sweet'n alias Mollasses glyst' Sugar must be had — I've nothing to buy 
any thing with but Bills: £20 in English goods would do me moregootl 
than any years salary in this way of managing but how to come at that 
now I know not since we are not allowed attornies — I had one as I sup- 
posed a Friend but tlie worst of Enemies, sent me but one remittance 
sinc« I left England but never was worthy to know what nor of what 
value till the other day when in a huff by I'eason of my complaint of ill 
usage he has sent an account of all his management — I could not so much 
as hear from him ; he chargers me with the postage of a multitude of 
Ixitters — I never wrote to him but sent one incloscHl to some of the 
Socnety but fear they were not all delivered he paid what Bills he listed 
& has sent others liack protected which puts me to an unnecessary charge 
and endless shame and disgrace ; for want of goods I've l)een forced to 
draw upon the Treasurer supposing my friend to Ix) dead ; he said he 
could not supply me by reason of my stdary was not duly paid, once 
stopped because I had left my cure and again for drawing upon the 
Treasurer what must I do in such case: I've drawn more than my Sal- 
ary will pay by Michaelmas next — my plantation nnist be paid for or I must 
turn out and whither to go I know not I have not a morsel of either 
Pork or Beef against Winter nothing to buy with nor can I draw hanl 
fate, will nothing draw compassion? I was not sold a slave to Egypt 
nor yet deserved to be l)anished to the Gyaril. must I make brick with- 
out straw & my task Ix? increased : I ho|)e for Milder Task Masters — 
and after all my unparelleil hardships & fatigues for 4 years together be 
still told that I am idle & negligent of my cure I challenge all the 
clergy in the Church to dpialize what I have done & suffered for so long 
time together if I continue here I hojM} for better encouragement as if I 
fail therein & am forced to come home — ciu*e will lx» taken of 

Sir &c 

JN° URMSTONE Misson' 

I shall comply with mv duty & vour instructions in my next Notitia 
Parochialis that 1 am preparing but have not now time to finish — 



CX)LONIAL RECORDS. 133 



[From North Carolina Letter Book of 8. P. G.] 



M' MILES GALE TO THE SECRETARY 

Hon'* Sir, 

Your letters received from his Excellency the present Gov' Eden /and 
my Eldest Son Chr. Gale. I sent for Son Tho : to c^me over and resolved 
either to ^o into the West Indies (as kindly invited both by the Gover- 
nor and his Eldest Bn>ther) or write his Excuse, he has chosen to do the 
latter. The work is of that nature, as I was no hindrance to his going & 
could wish to go myself (tho' now aged 67) rather then Heathenisme, or 
any other Schism frcmi the Church of England should prevail, 3 of my 
Sons upon their own choice have gone to Carolina, where two of y" are 
well married and one dead. I have made all the Enquiry in my power 
after some to go as Missionaries, they like the terms but dread y* voyage 
and the heat of that climate. I heartily \vnsh & hojK* Religion may be 
taken care for in that Heathenish Country, by those in whose [K)wer it 
is — desiring my Service may l)e aa«ptable to y' Hon"* Soc^ praying fc^r 
all your healths and happiness I rjmiclude Worthy Sir 

Yours &c. 

MILES GALE— Rect' 

de Wighley. 

M' MOSELEY TO GEN» NICHOLSON 

Chowan, N. Carolina 15"* July 1714. 

The laudable designs you have constantly persued of advancing the 
Intercast of the Church in America among other matters of your great 
intentions for promoting that Service led you to bestowe of your own 
generasity the Sum of Thirty pounds to be distributed in three of the 
precincts of North Carolina which you lodged in the hands of M' 
Walker my predecessor at my intermarriage with his Widow I found 
the money had not been applied by reason of his Death soon aft«r your 
gift tho' he had taken (tire to have it mentioned in the Vestry book of 
this pix?cinct that the part belonging to it. viz. Ten pounds should be 
laid out for a piece of plate for the communion Service, mentioning the 
Donors gift and I perswaded myself the like care was taken by him in 
the other two pi'ecinct^ Poquimans and Pasquotank tho' I cannot learn 
there is anything appeares on their Books. 



134 COLONIAL RECORDS. 



I have paid Pasquotanck preeinet who have misapplied the money 
contrary to your Excellencys intentions by parting with it to satisfie, 
such Engagements as the prochiee of our Country would have been suffi- 
cient for, viz* Some debts and howe to raise so much plate at present they 
knowe not what measure to take. 

The same steps were i>egun by the Pecjuimans, aiid I fear the Chowan 
Money, but I hxlged it in M' Pere Dummers hands of Boston towards 
protniring Church plate where at present I find it lyes to wait Y' Excel- 
lency's further orders altho' they have constrained me to give orders for 
the removeale of the money without any apparent intentions of applying 
it to the uses you so generously proposed. For those reasons I have 
presumed to trouble your Excellency with these few lines to request you 
to give your orders to M' Dummer to send it to the precincts of Chowan 
and Pequimans in such plate as you shall please for the service of the 
church as you designed it he has my letters accompanying this to observe 
your onlers for that purpose which if you do not or order I can hardly 
think the Church will be the better for so pious and charitable a gift. 
Begging your Excellency's pardon for the trouble I give you in perusing 
this Scrawl and leave to present Your Excellency my hearty Sincere 
thanks for the favours you are pleased to show me when in Company 
Quarry I waited on Your Ex(»ellency in your Government of Virginia 
I crave leave to subscribe myself &c 

EDWARD MOSELEY 



[B. P. R. O. B. T. Virginia. Vol. 13. 0. 169.— Extract.] 



COL SPOTSWOOD TO LDS OF TRADE 

July the 20*»» 1714 
My Tx>rds 

Your T^nlships will recieve together with the Duplicate of the I^aws 
and Journals of the last Assembly the proceedings of the Council and 
proclamations since my last letter upon which I shall only give your 
Lord** the trouble of one Remark that finding the Government of 
Carolina continue to make survevs within and even l)evond the contra- 
verted bounds and that on their encouragement great numbers of loose 
and disorderly people daily flocked thither who would be restrained by 
no orders from trading with the Indians I proj)os(»d to that Government 



COLONIAL RECORDS. 135 



the running both the lines in dispute, and removing all persons that had 
settled between those Boundary as being seated there without any law- 
full authority : and because it would be most convenient that each Gov- 
ernment should be at the expense of running that Line next to its own 
Inhabitants, I undertook the running that Boundary next to Virginia 
which the Proprietors claimed, at the charge of this Government* pro- 
vided they would be at the charge of running the other claimed by Her 
Majesty : but tho (in pursuance of the resolution of the Council in that 
matter the 30"* of March last) I have already performed my part the 
President of Carolina alledging for his excuse the expectation of a new 
Governor did not think fitt to take any measure for performing them I 
have since seen M' Eden who is appointed Governor of that Province 
and find that he has no manner of Instruction from the Proprietors con- 
cerning the Boundarys : and as to the Proposal of marking out the 
Southern Boundary he has delayed giving me an Answer until upon 
consulting with his council he shall inform himself of the nature of 
that dispute If he should likewise refuse, I have determined to run that 
line also as soon as the woods are practicable and then to remove all the 
People seated within those contraverted bound which will be the most 
effectual way to bring that dispute to a speedy determination, it being 
now the Interest of that Government to delay it since by disposing of 
the land and receiving the Quitrents they reap the same advantage, as if 
it were actually adjudged to be their property and so unfair hath M' 
Moseley and the other Surveyors of that Province been that tho they 
pretend no further than a West line from the mouth of Nottoway River, 
yet upon making out that Line I find severall people seated even to the 
Northward of it who had their Lands by Carolina Patents 

* ]fc 4c :|c ]|( * 

My Lords 

Your Lordp* 

Most Dutifull and 
Most Obedient 

Humble Servant 

A SPOTSWGOD. 



186 tX)L()NIAL RECX)RI)S. 



[B. P. R. O. Plant. Uen. B. T. Vol. ix. K. 35.] 



REPORT OF THE ATTORNEY GENERAL TO LORDS OF 

TRADE. 

22 July 1714. 

To the Right Hoii"^ the Loixls Coin" of Trade & Plantations 
May it pleji.se your I^ordships 

In ol)e<lience to you Lord** Cofnands .signifie<l to me by M' Popple I 
have con.sidered of the stiveral papei's tninsnutt^l to me & herewith 
returned And your Ix)rd.ships having demanded my opinion to your 
returning an Answer ti) the Order of the I^)rds of the Comittce of the 

Council dated the 5*** dav of June last wherebv vour Ijordshiiw were 

f .V I. 

desired to examine & inform vourselves how and bv what Grants or 
Authorities the Plantations in America do claim the Hl^erty & power of 
making Temporary Laws to continue in force for so short a time whereby 
her Maj. prerogative of approving or disapproving such I^aws is evade<l 
and to proiK)se to that Committee what meth<Kls you shall judge most 
])roper to Ikj taken in onler to the setting aside those pracrtices so preju- 
dicial to her Maj. interest an<l the trade of h(»r subjects And I do most 
humbly cc^rtifie your Lordships That as to such Laws which are made in 
Her Maj. Plantations not granted in property to any Subje(!t, the miscihief 
complained of may l>e prevented by her Matieas Instructions to her Gov- 
ernors thereof And there is already among the Instructions a copy whereof 
was sent me a full Instruction for that purpose And therefore all that I 
conceive necessary to he further done as to them is to require a due 
ol>servance of that Instruction by her Maties Governors. 

As to Laws to be made in the Proprietary Plantations I am of opinion 
that mischief cannot be remedied there but bv Act of Parliament of 
Great Britain, for that the Proprietors thereof have a right vested in 
them of the power of making I^ws granted by their charters and are 
not nor c^an now Ikj put under any other restraint or regulation than such 
as are ctmtained in their resixx'tive charters but by Act of Parliament. 

All which is humbly submitted to Yc/ Lord** great wisdom 

EDW. NORTHEY 

July 22. 1714 



CX)L()NrAL RE(X)RDS. 137 



[From N. G. Letter Book of 8. P. G.] 



CK)»: POLUJCK TO (JEN' NICHOLSON. 

Chowan, Aug*-3"* 1714 
May it please your Excellency 

I received yours i)y Cap* Dununing with her Majasties speecJi to this 
parliament for which return you my humble thanks Gov' Ecleu arrived 
here hust May all being in |Kfac*e and quietness only one or two small par- 
ties of Enemv Indians that continue to do misc^hief on our Frontiers 
Co" Carey xn gone for the West India's but intends to return again this 
fall. 

The Churt'h Wardens and Vestry of the precinct of Chowan desiied 
me to send the two enclosed to Your Excellency and indeed we have very 
great want not only of Schoolmasters but also of Ministers, for Albeit 
Di*. Urmstone hath continued among us ever since his arrival he hath had 
little encouragement yet Dr. Rainsford hath been very little time in this 
Country only alx)ut two or thiee months, about the time I rec;"* your first 
letters but hath continued all in Virginia so that he deserves nothing of 
the ScKMcty, that wished for suaess may attend all your noble and glo- 
rious undertakings shall be earnestly desired. 

Your Excellency's most h**** Serv* 

TH^ POLU)CK. 



[From Pollock's Letter Book.] 

6y Mr Glover 

AuciUST 3** 1714 
May it please your Excellency 

Yours by Capt. Dimming recaeved, with her Majesty's sjxiech to this 
Parliament, for whic*h return you mv humble and hearty thanks. Gov- 
ernor Eden arrived here last May, all l)eing in peace and cpiietness, only 
one or two small parties of enemy Indians, that continue to do miscJiief. 
on our frontiers. Col. Cary is gone for the West Indies but intends 
again this fall. 

The Church wardens and vt^try for the prectinct of Choan desired me 
to send the two inclosed lettc*rs to your Excellency. And indeed we 
have very great want not onlv of scrh(X)l masters but also of ministers. 
For albeit Doctor Urmstone hath crontinued amongst hs ever since his 
arrival, albeit he hath little encouragement from the people, yet D«x?tor 
18 



138 COLONIAL RECK)RnS. 



Rainnfonl hath been very little time in this country only alK)Ut two or 
three months about the time I rccieved your first letters, but hath con- 
tinued all along in Verginia; so that he deserves nothing of the society. 
That wished for succeas may attend all your noble and glorious under- 
takings shall be earnestly desired by 



[From N. C. Letter Book of S. P. G.] 



M' IIRMSTONE TO THE SECRETARY. 

North Carolina, Aug. 7"* 1714 
Sir 

During the last half year the State of Religion is much the same 

changes for the Ijetter are not easily brought alx>ut the people are daily 

more unkind — I've baptized 59 whereof two were adults — We have not 

had the Lortls supper administered in public during that time I have 

some hoi>es of better things in many respects thro' the endeavouns of an 

honest Gentleman our nowe Governor he seems resolved to promote the 

Church discipline Ixiing a strict observer thereof himself. He must expect 

to meet with many difficulties s<ime insuperable — I wish a letter were sent 

to him, it would l)e of ... . use — he purposes to reilress many of my 

grievances which will render life more comfortable I am sorry we are not 

like to see Co" Nicholson hen? — if a Bill for £14 payable to Tho* Jones 

of Virginia l)e unpaid I pmy it may never l)e paid thro' the perfidous 

dealing of my agent at London I worse than I thought for, in 

want of many things but must not draw if my Salary had been duly 

paid and investeil in goods I had been one of the richest, in this famous 

Colony whereas I am nowe the poorest — X30 in goiKls would have done 

me more go<Kl than thrice that has, l)eing fbrc^ed to give 4 or 5 hundred ^ 

cent for all what I give Bills for I have not rweived the Catch"" sent by 

M' Rainsford — He never disjmsed of gift Books valued £5 — He made 

more by his voyage & yejirs Salary than I've done these o years and never 

did anything for it — ^a handful of Indians who wouhl not come into the 

treaty with the rest have spilt more innocent blood than all the rest & 

we cannot cause onr men to go against them nor willingly pay those that 

will, they rove from place to place cut of 2 or 8 Families t(xlay & within 

2 or 3 days do the like a hundred miles oft* from the former they are like 

deer — there is no finding them. We have men out after them to sue for 

peace — I am Sir &c 

JOHN URMSTONE 



COLONIAL RECORDS. 139 



[Ck)UNCiL Journal.] 



The Hon»'»- i 



> Esq" Ld» prop*" Dep*^ 



North Carolina — ss 

Att a Coiincill holden at y* house of Maj' Jno Hecklefield in Little 

River on 10"^ day of Aug* 1714 

Present the Hon^^' Charles Eden Esq' Gov' Cap* Gen" & Adm" &c 

r Tho' Pollock ^ 
Tho' Boyd 
N Chevin 
W" Reed 
C Gale 

ffrancis Ifoster Esq' presented to this Board a Deplacon from y* Hon"* 
Jno Danson Esq' one of y* true and absolute Ld' prop*" of this province 
thereby appointing him to be his Deputy which was read approved of 
and ordered to be reccorded. 

And then y* Said ifra ftbster tooke and subscribed the severall Oathes 
appointed to be taken for his quallification and then tooke his place at y* 
board accordingly — 

Then this board adjourned untill to morrow mome 9 of the Clock. — 

Aug* 1 1*** this board met againe p'sent ut Supra 

Upon motion to this 'Board by M' Henry Clayton setting forth that 
M' Jacob Peterson late of this Governm* was possessed of a tract of 
Land at y* Sandy banks which at his Decease he bequeathed to Mary his 
then wife who since interraarryed w*** one James Coles — late of this 
province Dec'd who in his life tyme Surveyed y" same Land in his own 
name. And pray's that she y* s** Mary Coles since intermarryed w*** y* 
Said Henry Clayton) may have a Pattent for y* Same Land in her owne 
name. And Thos Harvey who is a L^atee of Halfe y* Lands of y* said 
James Coles appejired and say's that one halfe of y* said Lands l)elong's 
ta him as part of y" Said James Coles Lands and y* mater being del>ated 
& heard on both sides It is y" oppinion of this lx)ard that y* right of y* 
s** Land was in y* Said James Coles and that it ought to l)e disposed oft* 
pursuant to his will — 

Upon the Petition of Cap* Nich° Crisp Setting forth y* about Six or 
Seven years agon he tooke up and Surveyed Six hundred & Twenty acres 
of Land on Morratock river a Place Called Skanwankee and hath duely 
p** y* Quit rents for y® Same as well as y* purchase money to y' I^ords 
prop*' receiver Gen" as by y* same Survey & rec* may a}>peaiv. And far- 



140 COLONIAL RECORDS. 



ther that ujK>n his making applycation for a j>attent for y* same Land 
he IS advortistxl that an onV is passM in y* Councill (long since his taken 
up y* s* I^mi) tlmt y* same is reserved for hunting Quarters for some of 
y* Tuskurora Indyans which onl' he Conceives is not ^eM grounded in 
as mui^i as he whu has right to y* Said Land was not Called to make 
his Title ihenHo. And he is further advised that v* said Order is 
pdL<!!^l SiuiV y* Tusks Articlwl w*** y* Govemni' to be Confined and 
U>uiHK-\i IxHween y* two rivers of Pamplicough and Xuse. And that if 
V* Iinh-ans Juuild U* jHTuiittetl to have hunting Quarters on }•* Said 
Rivor of Morattwk it will very much prejudice* y* setleing that river 
w** is CajKiblc of Sesiting Some huiulrtxls of familyes. And he farther 
Showeth that notwithstanding his right is so apparent to s** Land he has 
alwavs Kvn n-atlv to make some reas^ynahle Complvanee to such Indvan 
or Imivans as should lav anv pretenses to \* s** Land and which he is 
still ready to dix^ therefore prays that he may have a pattent passed for 
y* s* I^nd ai\\»nling to his pun-hasi» Ac And y* matter being Consid- 
ereil it it apjx'aring to this Uxinl that y* said Crisp has actually p* y* 
pur\*hase money for y* Jxuue I^nd. 

^ It is «»nler\\l that mh? soiuie ;is y* said Cri>p shall have^ agreed w** y* 
sail! Iml\*ans or that \"* said Land shall bv anv other means be freed from 
V* Imh-ans title the s* Crisp shall have a {lattent for y* same And that in 
y* mein tyme his Title l^ and shall Iv preferable to any <:»ther title of 
anv Ensrlishman 

I'p^^n Petition of Mar\' Relfe widtl Setting forth that her deed husband 
di«l in his lite time bv oixie' «if this U>anl Survev and lav out for v* 

« • * • 

Yawp<in Indvans Ten th«Misand two hundred A forty acre> of Land aiMl 
prjiy's that y* Said Ind\*ans may be onlereil to pay her for y* Same 
amvniiiting to Eleven pininds Eighteen Shills. Ami y* Said Indvans 
appein^ng C^HitV-ss^^l that they were to pay one halfe of y* Chai^ ami 
n» V m\^iv. 

WhenHi|v*n it is Orvlere^l that y* Said Indyans dtie pay unto y* Said 
Mary Kelte y* Sum of live |KHiml nineteen shills being the one halfe of 
V* C harvjes as afs* 

I'j^^n Pe?:t?*^n of .!n«» Hotter on K4ia!fe of hims^-Ife and the rest of y* 
Cti^n-na l!V;\-nr.s ihvTiiv. s^-rtiu;: forth that v* Siiid Indv:uis had ^rantt^l 
t»v:}h-»u in the Administration of lr!»v' An^idale f.»r:hvir s^^itlem' a tract of 
I^!>ii «»n V* Easter!! side of Rmuh-cs l^rvvk iih-iiidiui: MrheHn^ Xt^^k «»f 
T>Bv!vr MiK*^ Sjuarv- wh^4i ««•? K-iiur laM out aci-onlni:; t«» y* dire^-tioas 
•*f y* l>r\i« r ot'Omn^^M they apIxM tho!n-*lvi> :.♦ v-* llon^ Pn-si^W-nt 
iikwer Jt v' i\»«iK't!l then U'liig to havr v'sauH- laid out uium w^ it wa^ 



COLONIAL RECORDS. 141 



ordered that a tracrt of six miles square within those bound should be 
laid out for their setleni* w*** vet hath not been done and further that 
most of y* said Indyans have been u|)on Eight Expiditions ag* the Indyan 
Enemy of this province and during the time they were in y* Countys 
Service they Suffered Considerable loss in their plantations & Stoc^ks 
loosing Seaventy five head of hoggs a Mare & Colt their Come destroyed 
by horses & Cattle their fences burnt & fruit trees destroyed by all w*** 
& y* wearing out of their clothes they are reiluced to very great poverty 
and pray's that their Land may be laid oul at^cortling to y* intent of y* 
Grant and that they may have some allowaiu* made for their services & 
Ix)sses, &c and this Iward haveing Considered the whole matter 

It is ordered that Co" W™ Maule doe Examine in the former Survey 
Made by Co" Moseley and Doe see whether y* same \ye made pursuant 
to former onler of y® Councill & Whether it Conteyns y* Quantity & 
Make report thereof to this Board. 

Upon Petition of Mr Jno Lillington that about four years Since by 
virtue of a wmmission from EMw** Moseley Elsq' the then Survey' Gen" 
he made divers surveys in y* County of Bath but had not made retumes 
thereof into y* Sec*^" Office by reason he intended to make returne of 
those w*** some others ag* y* next Octo' Gen" Court. And it hapning 
afterwards that y* Indyans burnt his house where his papers were by 
which he is incapable of returning those survey's therefore prays that 
he may have Leave to resurvey & retjirne those Survey's he had then 
made &<i !A.nd y* matter being duely Considered by this Board. 

It is hereby ordered that y* Said John Lillington have power and 
authority to resurvey Such Lands as he has already surveyed & make 
returne of y" Same to y" Sec;*^" Office and that he be then I m powered to 
demand & receive his usuall ifees for y* Same — 

It is ordered by this Board that Cap* W" Vaughan be sent down to 
Sandy banks w"* nine WhitQ men more und' his Comand to wait y* Comeing 
Pagett and y* rest of y* Indyans in order to Consert Measures for agen" 
I>eaoe pursuant to their former promises and that Twenty bush"* Indyan 
Corne he sent down w"* him for their support as also for y* support of y* 
people already there and that Cap* Vaughan doe take down w*** him 
ffisher y* Indyan from y* Poteskey* Tonne 

Complaint l)eing made to this Board by W" Bell Treasurer of the 
Precinct of Corratuck that Samuell Ballanne W" Ballanne Rol)ert 
Smyth Andrew M^'furson Dan" M*fiirson all of y* afs** precinct of C'or- 
ratuck have and still doth utterly refuse to pav unto v* Sai<l Treasurer 
their publi(*k Levy's and other publick dues or to pay any ol)ediance to 
this Gtivernm* 



142 COLONIAL RECORDS. 



Wherefore it is hereby ordered that y* provost Marsh" of y* County of 
Albemarle or his Deputy doc take them y* Said Sam" Ballaine W" Bol- 
laine Rob* Smyth Andrew M*furson & Dan" M'fiirson into his Custody 
and them hold till they give good Security to appeare at y* next Gen" 
Court to Answer y* s^ Contempt 

It api)eareing to this Board that Co" Eklw'* Moseley hath in hisCustody 
divers depositions by him taken on behalfe and by order of this Gov- 
ernmn* and other papers relatcing to y* boundarys between us and Verg* 
l>eing formerly one of y* Coitiissioners on behalfe of y* Lords prop*" for 
Setleing and Assertaineing the Said Boundary's and also that he y* Said 
Moseley never yett delivered to this Governm* any Coppy's of his Jour- 
nalls & proceedings in Discjharge of that Commission 

Wherefore it is ordered by this board that y* Said Co" Ed>v^ Moseley 
doe forthw*** deliver to y' Hon"' Charles Eden Escj' Gov' &c all such 
papers ami depositions as he hath relatcing to y* Said boundarys as afs^ 
and also true copy of his Said Journ"" & prcweedings in y* Executions of 
y* afs'* Comission that a true state of y* mater may be knowne & this 
lM)ai'd be enabled to lay a true ace' thereof before y* Lds prop*" 



[B. P. R. O. Proprieties. B. T. Vol. 30. p. 418.] 



REPORT TO TPIE L**- OF THE COMMITTEE OF APPEAI^ 
FROM THE PLANTATIONS, IN RELATION TO TEM- 
PORARY LAWS PASSED THERE. SEP 2"'^ 1714 

To the Right Hon^** the Lords of the Counnittee for Hearing Appeals 

from the Plantations. 
May it please your Lordships 

In ol)e(lience to your Ijordships Order of Reference, of the 5'** of June 
last, directing Us to examine & inform Ourselves, by the best means We 
t^n, how and by what Grants or Authoritys the Plantations in America 
do claim the Lil)erty and Power of making temporary I jaws for so short 
a time that the Prerogative of the Crown for approving or disapproving 
such Laws is evaded ; and to propose to your Lordships what Methods 
We may think proper for setting aside those Practises; We have ctm- 
sidered the same, and also had the Opinion of his Majestys Attorney 
Gen* therein, Whereupon We humbly take leave to represent to your 
Lordships, 



COLONIAL RECORDS. U3 



As to the Laws to be made in the Proprietary Governments, We are 
humbly of Opinion that Mischief cannot l>e remeilied there, but by an 
Act of Parliament of Great Britain For that the Proprietors thereof have 
a Right vested in them, of the jwwer of making Laws granteil by their 
Charters and are not, nor can now be put under any other Restraint or 
Reguliation than such as are contained in their respective Charters, But 
by an Act of Parliament. 

As to Pennsylvania, We are informed. Directions were given for per- 
fecting the Agreement with M' Pen, and for preparing an Act of Parlia- 
ment, to supply his incapacity, and to alter the Method t»omplain\l of as 
to temporary Laws; and the time limited for transmitting and approving 
Laws made there ; But during the last session of Parliament, a Bill for 
that purpose could not be settled in regard of some Differences lx?tween 
the Mortgagees and the Family of M' Penn. 

We humbly take leave to represent that there is not any obligation by 
Charter to return the Laws made in the Proprietary Goverimients of 
Carolina, Connecticut and Rhode Island for the Approbation of the 
Crown, and therefore We think it necessary that an Act of Parliament 
be pass'd to oblige them to transmit their Laws and to have them sub- 
mitted to his Majesty's approl>ation 

All which is most humbly submitted 

Wliitehall GUILFORD 

Sept' 2~» 1714 PH. MEADOW^S 

ARTH. MOORE 
JN° SHARP 
SAW PYTTS. 



[From N. C. Letter Book of S. P. G.] 



M' URMSTONE TO THE SECRETARY 

North Carolina Sep' 22"** 1714 
Sir 

Since my last my hopes are blastetl : We were then Koing to have an 
Assembly from whom thro' the Governors assistance I ex[)ected some 
redress of the many grievances I've formerly laid l)efore the Society the 
loss of Bath county if not the whole Government is threatened, to pre- 
vent which our honest Governor was wholly bent but after near a fort- 
nights time spent to no purjwse he was forced to send them home — We 



144 COLONIAL RECORDS. 



daily hear of familieH cut off & destroyed 'tis difficult to nusi* men U) 
secure the frontiers but more difficult to find provisions to subsist them, 
the Northern Indians Seuecas I think they call them, are designed 
speedily to join our Enemies which if true will complete the ruin of this 
wretched Country — Our confederate Indians seeing we are not able to 
vanquish such a handful daily desert us to join them & by the unwill- 
ingness of the rest to go out with us against them according to caipitula- 
tions we may too justly fear they'l break peace with us & having ex})e- 
rienced the cowardice of our Quakers & there adherents who like other 
sectarists never care to fight except it be against the Church & Crown 
the Indians will not daily nor trifle with us as they did at first. 

We exjHK^ to hear that famous city of Bath consisting of 9 houses or 
rather cottages once stiled the Metropolis & seat of Government will be 
totally deserted & yet I cannot find means to sanire that admirable (col- 
lection of Books sent in by the Rev^ I^ Bray for the use of the Minis- 
try of this Province but it will in all probability serve for a Bonfire to 
the Indians — these Indians who do us all this mischief were at first but 
a handful about 30 in number the remains of 3 small nations who were 
cut off & taken by the forces from South Carolina who meeting with 
little or no opposition increased daily so that now we are forced to sue to 
them for peace but fear we shall not obtain it — These are from 

Sir &c 

JXO URMSTONE Mission'^ 



[From POLUHJK'g LETTEKfcoOK.] 



North Carolina OctolKT 20"' 1714 

May it please your Lordships 

had no particular comands nor instructions from the [Lords 

Proprietjors Board save that by (jeneral Nicholson, now no answer 
[fro]ni the Board nor your Lonlship of my letters gives me occasion to 
doubt that my letters miscarrieil and came not to hand. Wherefore 
thought it my duty, to justify myself not to be guilty of so great a neg- 
lect, (jovernor Hyde decreased Sept 8"' 1712, and I entered on the ad- 
ministration Sept 12"'; since which time have sent two to your Lordship 
in each of which enclosed a letter to his Excellency the Palatine and rest 
of the Ijords Proprietors, under a flying seal for your Lordship to 



COLONIAL RECORDS. 145 



peruse. My first letter to you dated Sept 20"* 1712 (a copy whereof 
is enclosed) I delivered myself to Baron Graffenreid, who was then 
[goin]g to Verginia ; and he told me that the Governor of Verginia 

took care his letters to Ix)ndon with his own pacquet«, and that 

there was no they would come safe to your Lordships hands. 

second letters, dated April 2^ 1713 immediately after the taking great 
Indian Fort I sent into Verginia, and know they came to Baron Graf- 
fenreid who was then in Verginia I would have sent [your Lord]ship 
copies of all, but the state of affairs l)eing much altered, and they being 
long, thought it not worth while to trouble your [Lordshijp with them. 
What reason Baron Graffenreid to wnceal [or] keep up my letters, I 
know not. I took him for a man of honour and int^rity, but have 
found the contrary to my great loss. 

The land I mentioned in my other enclosed to your Lordship, I re- 
served [and k]ept clear from being taken up by any other person so long 
as I had the power, expecting to have heard from your Ijordship. But 
now the jx)wer being taken out of my hands, and a new General sur- 
veyor appointed, I know not how it may be. I have not lyecn wanting, 
neither in person nor estate, to the uttermost of my power for the safety 
of Her Majesty's subjects here, and defence of this your Lordships (coun- 
try ; which, it hath pleased God hath not been unsuccessful, the fire of 
difference and division amongst the people being in a manner extin- 
guished, most of our Indian enemies killed, taken, submitted or fled, so 
that there is but about forty or fifty enemies left that we can liere of. 
The Quakers, though very refractory and ungovernable in Mr Glovers 
and Governor Hydes administration, yet sine* I have concerned, must 
needs acknowledge they have been as ready (especially in supplying 
provision for the forces) as ant others in the Government. If your 
Ijordship think convenient to procure the Surveyor General's place for 
ray son, I shall take it as an extraordinary favor; and if any ways I 
can be serviceable to your Lordship here, you shall need but to com- 
mand who most sincerely is 

Your Lordship's 

Most obedient 

Humble Serv' 



19 



146 COLONIAL RECORDS. 



[COUKCIL JOUBHAL.] 



North Carolina 

Att a Councill holden at y* house of Maj' JoHd Hecklefield in Little 
River on Saturday 6*** of Novem' 1714 — 

Present the Hon^ Charles Eden Esq' Gov' Cap' Gen" and Adm" &c 

f Tho- Boyd ^ 

Natii aievin j^ j,^, j^ ^^^^^^ j^^p^. 



The Hon"- 



: 



ffra ffoster 

This Board this day haveing rec** Certain advice from the Govemm* 
of Verg* of the Decease of her late Majesty Queen Anne of Blessed 
Memory did thereupon Issue out a proelamation pixx^lainiing his Matys 
King George King of Great Brittaine ffrance & Ireland in following 
words (vizt) 

By the Hon***' the Gov' and Councill 

A PROCLAMATION 

Whereas Wee have rec** Certaine Information of the death of our late 
Sovereigne I^ady Queen Anne of Blessed Memory by whose decrease the 
Inixjrial Crownes of Greate Brittiane ifrance & Ireland are Solely and 
Rightfully Come to the High and mighty Prince George Elector of Bruns- 
wick Lunenburg — 

Wee therefore doe by this our proclamation with one full voice & Con- 
sent of Tongue and Heart Publish and proclaime that the High and 
mighty Prince George Elector of Brunswick Lunenbui'g is now by the 
Death of our late soveraigne of happy memory become our Lawfull and 
rightfull Ijeige Lord George by the grace of God King of Great Brit- 
tiane ifrance and Ireland Defend' of the faith &c To whome wee doe 
acknowledge all faith and Constant Obedience w'** all hearty and humble 
aflFection Beseeching God by whome Kings and Queens doe Raign to 
bless the Royall King George w"' long and happy Years to raigne over 
us. Given &c the 6*^ day of Nov' 1714. 

And then the Hon***' the Gov' & Councill above named tcjoke and Sub- 
scribeil the Oathes of allegiance to his Majtys King George and the Sev- 
erall Oathes appointed to be taken for their Quallificjition and the Hon^*' 
the Gov' at the same time tooke the Oatlms for the due observation of 
the Laws of Trade. 

Then Tobias Knight Sec'^ and Collect' of his Majtyes Customes of the 
district of Corratuck tooke and subscribed the severall Oathes bv Law 
appointed to be taken for quallification. 



COLONIAL RECX)RD8. 147 



Upon petition of the poore pallitines "Showing that they were disap- 
pointed of tlie Lands Stock and other necessary which was to be pro- 
vided for them and that they are reduced to great want and poverty by 
the late war and preys that they may have Liberty to take up four hun- 
dred Acres of Land for each family at the rate of Ten pounds ^ thou- 
sand acres and that they may have two years day of paym* for y* same. 

Ordered that they have Liberty to take up y* Said Quantitys of Lands 
And that their Case be represented home to y* prop*" as well in relation 
to y' purchase as to y* time of paym* and that till their answ' be received 
their Lands shall not lapse for None paym* thereof 



[Council Journal.] 



North Carolina 

Att a councill holden at the house of the hon"* Charles Eden Esq' 

Gov' Cap* Gen" & Adm" 

ffryday 17 Dec 1714 
Present Charles Eden Gov' &a 

( Nath Chevin ) 
The Hon"* ^ C Gale \ Esq' L'** prop*" Dep*^- 

( flfira ffoster j 

The Hon"« the Gov' haveing reported to this Board that Co" Tho' 
Boyd who was deputy to the R* Hon"' the L* Craven has resigned his 
Deputaoon and that he has appointed Tobias Knight Esq' to be Deputy 
to the Said L'* Craven in the roome and stead of the said Tho* Boyd 
untill his Ld'^'p' pleasure shall be further knowne. — 

Which being approved on by this Board th^ said Tobias Knight tooke 
and subs(Til)ed the severall Oathes by Law appointed to be taken for his 
qualliiication and then tooke his place at y* board accordingly. 

The hon**^ the Gov' haveing laid before this Board a Petition from 
divers of the Inhabitants of the precincts of Beaufort and Hyde to him 
directed thereby praying that y* persons appointed to keep Garrison at 
y' house where M' Reeding did Live might be ordered to keep y* said 
Grarrison y* house where James McCoy lately lived as being most proper 
for y* Defence of y* Inhabitants ag* the Enemy and the board haveing 
Considered tliereof. It is their humble request that y' Hon"* the Grov' 
will be pleased to give out his orders to the officers of that Grarrison to 
detach such a number of the White men and Indyans as he shall think 
fitt to keep y' said Grarrison at McCoys and that he will order the 
remainder to keep & support y* Said Garrison at Reading's 




148 <X>LONIAL RECORDS. 



[From Rboord0 of Gbmebal Court.] 



North Carolina ss • 

at a Gen" Court held for y* province afs* at the house of Cap* Jn* 

Hecklefields in Little River the la«t Tuesday in March Anno Domini 

1714 

Present 

The Hon"" John : Pettiver 1 j, „ j . 

Antho: Hatch /^^ Justices. 

The Court is adjourned Till to Morrow: Morning Ten of y* Clocke 

Wednesday Ten of y* Clock the Court meett 

Psent: Cap' Jn° Pettiver ^ 

Thomas Miller >Esq" Justices 
Antho Hatch j 

The Court is adjourned till Monday next being the 5*** of Apprill 

Monday the Court Mett accordingly 

l^sent: John Pettiver \ ^j, „ j .. 

Antho Hatch /^^ Justices 

The Court is adjourned till y' Morrow Ten of y* Clocke 

TiLseday Ten of y* Cloc^ke the Court Meett & Satt 

p'sent Tlie Hon"*' Cap* Rich'* Sanderson "j 

Cap' Jn° Pettiver [ jjs „ ^ .. 
Thomas Miller f ^ ''"'*''^ 

Antho Hatch 

Cap* Rich^ Sanderson : Esq' one of the Justices for the body of this 
Goverm* Tooke & Subscribed the Severall oathes by Law appointed 
together w*** y* oath of a Justice and Took his place at y* board 

Richard Booth of y* p'cinct of Chowan Came into Court by Edw^ 
Moseley his attor w***out writte by Edward Mosely his attor : and confest 
Judgm* to The Hon"* Tho' Pollock Esq' for y* Sume of: 18£ 12-4* w"* 
Costs 

Ordered that the Said Rich'* Booth : pay unto The Hon"* Tho* Pol- 
lock Esq' the Said Sume of 18£ 12* 4^ w"* Cost according to specialty 
alias Ex***^ 

Cap' Rich'* Sanderson acknowledged a Convayance of 400: acres of 
Land Lying in Little River to Tho" Robison 

Ordered to be Roistered 

Joseph P^gs : Came into Court & proved an acco' upon oath ag* the 
Estate of Tho" Snoden Deced : for y* Sume of 2£ 7" 0* 

A Will of Richard Devenports Deced was proved in Court by the 
oath of Cap' John Pettiver who likewise Swore he Saw Joseph Green : 
Signe the Same as an Evi(lente thereunto 



._ ^ '•^xvi^rv:?. X -xir 



It is Ordered that all persons bound over by Reoognizenoe to this Court 
be and are hereby continued to the Court in Course and all Juryes Im- 
panled are thereupon Dismist from further attendance at this Court 

Co" Tho' Boyd Esq' Comes to pros his Suite ag* Tho' Collings in a 
plea of Debt and Saith the he y* Said Thomas Doth owe & Stand Justly 
Indebted to y* p** y* full Sume or quantity of 20 bush" of Indian Corne 
y Warr The Def* was Called and Came not Whereupon y* p** afs* prayM 
an ord' ag^ the Marshall 

Ordered thdt y* Marshall of Albermarle County have the body of y* 
Said Thomas Collings at the next Gen" Court alias Judgment ag' the 
Marshall 

and the Marshall prayed an attachm* ag' the Estate of y* Def* w*** was 
Granted * 

A jK)wer of attor: from Mary Spellman to Augustine Scarbrough was 
proved in Court by the oath of M' Tho" passingham by vertue of w*** 
Said power the Said Augustine Scarbrough acknowledged aConvayance 
of 300 acres of land more or less lyeing the fork of y* Creek : known 
by the Name of Lakares Creek unto Robert Harman 

Ordered that y* Said Convayanoe together w*** the Said Power of 
attorney be Recorded 

M' Will" Vaughan Came into Court & proved an aoco' uj)on oath : 
ag* the Estate of M' Tho' Snoden Deced for y* Sume of 3; 1£; 9— 

And now here at this Court Came Will" I^ewis and moved that the 
Marsh" would bring forthe body of Co" Will" Brice according to ord' of 
y* last Court wherein haveing failed the p** moved that Judgment might 
be Confirmed ag* the Said Marshall according to y* afs* order 

Ordered that y* Marshall of y* County of Bath : pay unto Will" Lewis 
the Sume of £14 : with Costs according to Specially alias Ex**** 

upon motion of Richard Smith by Dan* Richardson his attorney Shew- 
ing that being arrested on y* Court Day : Contrary to the Law of this 
Land by one Lewis Conner of virg* wherefore prayes the benefitt of an 
act Intitled (an act) arrests prohibitted on Certaine Dayes) w** act being 
read and argued : on both sides : and thoroughly Considered by the Court 
here it is oppinion of this Court that the Said arrest is Insufficient & 
Invalled and thereupon it is 

Ordei^ that the Said Richard Smith be Discharged from the said arrest 

Goodlatt Ex*^« ag* "j and the Said Def* by Edw* 

Nickollson in Ejectm* Bonwicke his attor Comes and 
of Lands & Tenem** I for plea Saith Non Cull : and 
in y* p'cinct of ( thereupon it is onlered the 

Marshall : that he Cause to 
Come at the next Court in 



Pequimons in y* 
County of Albermarle ^ 



Course Twelve &* whome &c : by whome Ac : who Neither &c : 



150 COLONIAL RECORDS. 



Charles worth Glover by Edw^ Moseley his attx)r: Comes to pros his 

Suite ag* Email* Cleave late provost Marsliall of y* County of Bath in a 

plea of Trespass upon the Case and Deelar as ^ Warr: and the Def* by 

Daniel Richardson his attor Comes & Saitli That y* p*** ac^oon af^ ought 

to abate for the Insufficiency & uncertainty of y* Decla filed ag* this 

Def* by the p** w*** Ixiing argued & Considered by the Court here it is 

their oppinion that the Said accon ought to al)atc and it Doth hereby 

abate 

James Minge Excuto' &c of Mathias ^ i . 4^^. , 
Giles ag* Riilph ffletcher & Jane Morgiui > j^rtM \ yA d 
Ex" of James Morgan Dcced in Case J 

Moseley there attorney Comes and Saith the accon afs* ought to aliate 

l>ecau8e no profite Con Curia in the p" Decla is Mentioned 

Ordered that the writte abate 

James Minge : Ex' &c : ^ and the Said Def ^ by Edw** 
of Mathias Giles ag* > Moseley his attor Comes and 
W" Lacy in Case j Saith the 

p*** accon afs* ought to abate 

because no pro : fite Curia in the Decla is mentioned 

Ordered that The writte Doe abate 

Tho* Johnson assignc of ^ and The Said Def* 

Moses Reynaud Ex' &c by Edw* Moseley his 

of Benja : Reynaud > attor : Comes & Saith 

Deced ag' John Mixon The acxjon afs** 

in Debt J ought to abate by 

reason no pro fite Con Curia in the pi* Decla is mentioned 

Ordered that The accon Doe abate 

And : then the Court adjourned to The Court in Course 

RICH* SANDERSON 
ANTHO : HATCH 



1715. 

[From the Vestry Book op St. Paul's Parish, Chowan Precinct.] 



At a Vestry met at the Church on the North Short* of the Sound in 
Chowan Jan'y y« 3** 17 If 

It was then ordered. 

Imprimis that in the plaw* of M' Tho* Petei-Sim deeed the Hono"* 
Charles Eden Es<i' Gov' &c. I)e and is herel)y (*hosen Vestry Man and in 



COLONIAL RECORDS. 151 



the Abfioenoe of M' Tho" Lee Coll Edward Moseley hereby is chosen 
Vestryman. 

Item Upon M' David Henderson's declaring himself a Dissenter from 
the Church, and that it is Contrary to his Conscience to act as a Vestry- 
man. He the said David Henderson is hereby dismissed from being a 
Vestryman in liis place M' John Hardy be and is hereby chosen a Ves- 
tryman. 

Item that at the Request of M' Edwartl. Smithwick to be dismissed 
by Reason of his Age and Infirmity. He Ix? and is hereby dismist from 
being a Vestryman and in his place Cap* Henry Bonner l)e and is hereby 
Chosen one of the Vestry. 

Item that M' Hardy do attend, and lay before the next Vestry his 
account of the Collection made by him for the Use of the parish by 
Order of M' Tho' Peterson deceed and M' Tho" Lee. the then Church 
Wardens. 

Item that Co" Moseley be allowed and paid by the present Church 
Wardens three pounds for and in Consideration of the Loss Sustained in 
plank which he provided for the Use of t\ie Church. 

Item it is resolved by the Vestry now present, that the next Assembly 
be petitioned by Co" Moseley on l>ehalf of the Vestry to divide this 
parish and make two parishes of it. 

Item ordered that Cap' Nich* Crisp be desired to demand of the widow 
Peterson and all others who have any part or parcel of the Weights and 
Scales, and Measures belonging to the Standard for the use of this jmrish 
and keep the same. 

Item that the Church Wardens pay to Thomas Luten Jun' Ten shil- 
lings for the Writing two Letters. 

Ordered that the Church Wardens do C'ollect or Cause to be collected 
the sum of two Shillings and Six jyence of every Tythable person in this 
precinct. 

And that after the Comissioners for Receiving the other Debts of the 
precinct are paid the Remainder be [Taid to the Rev* Mr Jn® Urmston in 
part of the one hundred and ten pounds which is due to him for officiat- 
ing 'till last New Year's Day. 

Ordered that Cap* Robert West and M' Leonard Lottin be Church 
Wardens 'till next New Years Day — 

THOMAS LEUTEN JOHN PATCHER 
JOHN BLOUNT SAM" PATCHER 

ROB* WEST EDWARD SMITHWICK 

EDWARD MOSELEY W» DUCKENFIELD 

HENRY BONNER. 



162 COLONIAL RECX)RDS. 



[From N. C. Letter Book of S. P. G.] 



M' RAINSFORD TO THE SECRETARY 

Pastotank 19*** Jau^ 171 [5] 
Worthy Sir 

I red^ both yourletters but that of the 18"* Decemb' earac to hand but 
November last 1 am extremely eoneerned at tlie mortifying consideration 
of my disobliging the Socnety in the business of M' Ward & Quigley 
should I go about to lay before you the many advantages they made of 
my necessity the compass of a letter would not be sufficient to unravel 
the several items of their extortion but I am in some measure satisfied 
with the care consideration of what {>ennance I inflicted on myself for 
so unwise and so unwarrantable a practice the fault I hope is not unpar- 
donable with the Society since this acknowledgement of my guilt may 
wipe away the stains of a reproachful Crime the pure effects of my neces- 
sity durum dum necessitas, I found a true saying in the very instance 
before me, however I'm thankful to you for the kind reproof whicli was 
done as the apostle enjoins in the spirit of meekness and forbearance as 
to the present state of the Government the Indian differences are all com- 
posed and Peace and Quietness seems to flourish in our land. You are 
pleased to give me an a(xx)unt of Fifty one pounds and ten shillings due 
to me at Xmas 1713 I have drawn for the Eighty pounds Sterling some 
time sincxi which was formerly protested in 2 forty pound Bills and should 
this meet with the same fate I cannot tell what will become of me But 
the (X)nsideration of the last Standing Ord" made by the Society relating 
to Missionaries Bills forbids me to suspect any such proceedings I have 
now drawn on the Treasurer for £12 5s S'* which Sir I ho})e you will 
add this one trouble more to the rest you have undergone for me of see- 
ing it paid. Protesting of Missionaries Bills, when the Salaries due to 
'em brings great scandal on the drawer and makes us little in the eyes of 
these prying animals. 

I have been five months together in Chowan Indian Town & made 
myself almost a Master of their Language & therefore upon my hearing 
of the Gov' of Virginia's project of settling of 4 Nations of Indians at 
the head of Meherring river, I ofFer'd myself as Missionary to 'em with 
the proposal of having one hundred pounds sterling yearly paid me for 
my trouble 'Tis thirty miles beyond Inhabitants, & the great good I may 
do, thro' Gods Fatherly assistance among those unenlightened creatures 
may redound to Gods great Glory and my Comfort. I have enclosed the 



COLONIAL RECORDS. 153 



Gov' of Virginia's answer to my letter and hope to meet s<.)me Encour- 
agement from the Society in relation to this affair Charles Eden our 

new Gov' tells me he'l acquaint the Society in this apportunity of a pas- 
sage home, of my behaviour and deportment since his arrival among us 
& how indefatigable I have been in that grand Concern the Care of Souls, 
so that I need say no more on this head but leave it to his refwrt. I 
shall only add that I have brought over to the Church one Patrick Lawler 
on Bennetts Creek from a Rajik violent ^Papist, to a Sound Orthodox 
Believer I have Baptized upwards of 40 Negroes in this and the Neigh- 
bouring Govemm* in the compass of this past ye^ Besides (w*^** is almost 
an impossibility here) Christened 3 children of one Peirce a Quaker's by 
the consent of the mother tho' seemingly of that persuasion — In Nanse- 
mond County bordering on Carolina, I have sav'd upwards of 200 Souls 
from embracing Quakerism by my Preaching & conference among 'em & 
have made y* ignorance of their great Apostle Joseph Gloster in a dis- 
pute appear to whole Multitudes & yet their prejudice to our establish- 
ment is such y* I fear there is no possibility to win upon 'em — I found 
myself obig'd in conscience to continue for some time with these People, 
by reason of their lukewarmness & indifferency to our own constitution; 
but by my constant catechising & teaching they are become tolerable pro- 
ficients in the knowledge of y* Gospel — This very action (xx»sioned Mr 
Urmstone's Report of me y* I do not altogether continue in y* Govern- 
ment I was appointed to, whereas my commission from Mr. Chamber- 
layne was to be a general Itinerant in this Colony, but if I see a Sheep 
going astray in y* wide wilderness I must not step out of my own Pas- 
ture to save it — Alas poor man! I never sold y' Societys Books for 
butter come & eggs but made conscience of dispersing them accorcling to 
y* true intent of y' Donors — I wish I had some small Tracts remitted 
me with Bibles & Prayer Books w'''' are very much wanting here — I 
sadly want Bennetts confutation of Quakerism w"*" with the rest of his 
works — Jones's translation of Lunibarck to lend about, I cou'd wish for 
some good Discourses on y* Passion w*** all the Sermons preached at 
Boyles Lectures particularly Dr. Bentley's Spark on y* festivals, these 
if stopt out of my Salary. I have not one of y* Societies collections 
of Pai>ers, otherwise I shou'd take my measures according to y* instruc- 
tions you were pleased to give me — I beseech you to pardon what is past 
& hope to meet suitable encouragement from y* Society (y* necessary 
reward of my future diligence) in all religious performances undertaken 
by S' Yours &c. 

GILES RAINSFORD 
20 Mission^ 



154 (?OIX)NIAL RECORDS. 



[B. P. R. O. B. T. Plant. Gen. Vol. 9. k. 38.] 



M' SECRETARY- STANHOPE TO THE COUNCIL OF 

TRADE. 

Whitehall 23. Fe\f^ 171f 
My Lonls & Gtiiitlenien. 

I an c*ominande<l to transmit to you the en('l()^^od Scheme relating to 
his Majesty's Plant4iti(iiiis in Ameriwi, and to signifie to you his MajestyV 
Pleasure, that you take the same into your consideration, & how far 
what is laid down in it may cx)ntribute to the Improvement of the said 
Plantations, & reiK)rt your Opinion thereof. I am. 

My L*^ & gentlemen 
v' most humble and 
most obedient servant 

JAMES STANHOPE. 



OF THE AMERICAN PLANTATIONS. 

The Brittish Plantations in Ameri(« were but thin of jxiople till the 
persecution of Dissenters in the Rei^n of Kin^ Charles the first, by 
which, and the Civil Wars, ^reat nuuil)ers were forced to settle there. 

When the Plantations had l)ut few Inhabitants, Justit* in Criminal 
Cases was administennl by Marshal Law, and Cases Civil in a sumary 
way. 

On the increjise of iK*ople and propriety amongst them, it was found 
necessary to establish a Ix^tter method for their Government and the ad- 
ministration of Justice. To this end*j>ower was given by Ijctters Pat- 
ents to divide wich Colonv into districts with Lilx?rtv to the Inhabitants 
to elect Members to repr(*si»nt them in a Genenil Assembly (in the nature 
of a house of Commons) to consent to the passing of I^ws, and the 
raising of money for the publick u.s(»-s. And a Council of the Inhabi- 
tants was likewise ap|Njijited to assist the (.J<»vcrnor (the numlxjr of which 
was usually twelve) and all Laws were to pass l>y the concurrence of the 
Majoritys of the said Councill and Asseml>ly, with the consent of the Grov- 
ernor. They had |)ower likewise to cre<'t such and so many Courts of 
Justice amongst them as they thought fit. 

Pursuant to such powers many and dilVercnt Courts were established 
in the several Colonys, Which l>eing erected by PerK)ns not knowing 



COLONIAL RECORDS. 155 



the metliods of administering Justice, and filled with Judges made of 
the Merchants Planters and others in Trade and Comerce, and not 
learned in the Law, Justicxi could not be so well administered by such 
persons as if they had been more knowing, and less interested. And 
such persons only are hitherto made Judges in the Plantations. 

Courts thus erettol and filled with such pei'sons, tho' at first it might 
be necessary, has in process of time produced many gross errors partial- 
itys and delays in the administration of justice. 

Many persons have withdrawn themselves, their Estates and great 
stocks out of the Plantation Trade to prevent the wrongs which they or 
their posteritys might suffer for want of justice. Which Stocks if con- 
tinued would have much encreased, if not doubled the Plantation Trade. 

During the Reign of King Charles the second Little was done to 
amend the administration of Justice in the Plantations or for the 
Improvement and encrease of them, except some Acts of Parliament 
then passed to retain the Ix^nefit-of them from formgn Nations. 

In the Reign of King William of Glorious Memory, a Council for 
Trade and Plantations was erected with very good Power and Instruc- 
tions which if they had bin well executed might have produced much 
good. 

ADVANTAGE BY THE PLANTATION TRADE 

It appears by the Inspec^tor Generals abstract that the Importations 
from the Plantations have bin one year with another about a Million 
Sterling '^ Ann : And the Exportations from England to the Plantations 
al)out Seven or Eight hundred thousand pounds. 

The said abstract shews that in the year begining at Christmass 1700, 
(about which time the Council of Trade was erected, the imports from 
the Plantations were 1,226,701, and the exports to them 682,414, mak- 
ing together 1,999,115. S' Josiah Child in his printed book of Trade 
affirms that the Plantations imploy two thirds of our shipping, and did 
thereby, and by taking of our manufactures give sustenance to near two 
hundred thousand persons in England. 

THE PLANTATIONS SEVERALLY CONSIDERED. 

In order to the l>etter Government and Improvement of the Planta- 
tions, it is necessary to consider which of them are of greatest advantage, 
and which of the least, or rather which are disadvanti\gious to Brittain. 

By the Inspector Generals account to im}K)rtations from the several 
plantations in the said year 1700 st(K»d thus. 



166 COLONIAL RECORDS. 



Ant^o. 

Barbados. 

Bermudos 

Carolina 

Jamaica 

Mont Serat 

Ini[K)rted from. Nevis and \ 

S* Cliristopliers j 

New England 

New Providenot* 

New York 

Pensilvania 



£ 


8. 


d. 


87,773 


11 


2 


356,024 


6 


Oi 


1,232 


6 


8 


14,058 


14 


6 


239,758 


18 


9i 


42,343 


4 


6i 


88,345 


12 


9 


41,486 


9 


9 


3,704 


19 


n 


27,567 


10 


OJ 


4,608 


8 


6| 



Virginia and 1 ^^^ ^^^ jg llj 

Mary l^and j ' * 

Total £1,224,206 18 U 



By which it ap})ears that our Sugar and Tobacco Collonys are of great- 
est advantage, and deserve most regard. 

All our Sugar Collonys are Islands, and produce few things that Eng- 
land does, for which reason, and l)ecause they want manufactures, they 
are incapable of subsisting by themselves; and l)eing under a necessity 
of being supplyed from abroad, it is much the interest of Brittain to 
have it done from thence. 

Virginia and Maryland are tlie Tobacco Collonys, their Trade being 
under some discouragements of late, they plant less Tobacco, and more 
provisions, and are improving in some manufactures. They may Ik* 
capable in time of subsisting without any supplys from Brittain. 

Our other Collonys on the continent of America are Carolina, Pensil- 
vania, the Jerseys, New York and New England. These vast tracts of Land, 
and several of them, especially New England are much more populous 
than the other more advantageous Collonys. They produce most of the 
same things that England does, and are capable of subsisting without 
any dependence on it. 

They supply our Sugar Collonys with provisions and some manufac- 
tures, which England formerly had the a<l vantage of furnishing them. 
In return for which goods they carry back Sugar and other produce of 
the sugar wllonys, which is consumed in the said Plantations on the 
Continent; and thereby the I>enefit that such sugar and other go<Kls 
would bring us by their importation and exportation again in Forreign 
Trade is likewise lost. 



COLONIAL RECORDS. 157 



OF THE PLANTATION COURTS. 

It has Ixieii (>l)3erv(Hl in what manner the Courts of Justice were 
erect^id, and what sort of persons were made Judges in them. 

The Laws and establishments of the Courts Ixiing different in the 
si»venUl Colhmys, a particular and distiucrt account of ea<*h of them 
would l)e t<K) long to insert here. Here follows the state of one of them 
in one of the collouys, by which and some observations thereon, the con- 
dition of the rest may l)e conjt^ured. 

In one of these Islands (not so large as some County in England) 
there ai^e usually al)out (me hundred and filly Justices of the Peac(\ 
Nine Courts of Justice for Civil affairs, l>esides the Petty sessions of the 
Justices, and the Court of Grand session held two several times in the 
year for Criminall matters, or Pleas of the Crown. 

In the civil Courts there ai*e forty four Judges, or Justices, not one of 
which learned in the Law. 

The Court of Grand Session is held by the Governor, Council, and 
the Ju<lges and all the Justices of the Peace, if they think fit to sit there, 
but there are seldom above 60 or 70 of them at one time on the Bench. 

Thus most of the Chief persons l^ing Judges or other Magistrates, 
there are few of note left to do Justice upon, and if they should do it 
against each other it might be retaliated upon them, and few persons can 
be prosecuted who are not dependant upon, or of Kindred to some of 
these persons. 

Such Courts produce (as might well be exj>ected) many gross errors 
and great partialitys, especiall"^' in the most considerable Cases. Persons 
wrongfully possessed of Estates l)elonging to others, persons indebted and 
Merc^hants and factories trusted with the Estates, and consignments of 
others, and not willing to account fairly and pay their creditors, have by 
the favour of Governors bin put in these judicial places, by which they 
engage the coiiion interest in their defence and protection. And this 
together with difficulty in recovering debts, is the chief reason that the 
Brittish Merchants are worse used by their factors in America then in 
any other part of the world, which they proverbially attribute to the 
effect of the climate, l)eing ignorant of the true Cause. 

It is the interest of thase who inhabit the Plantations to break (if they 
ran) the I^aws by whi(Ji they are restrained from Trading with any 
Nation but Brittain, and they do frequently bi'eak them, to our great 
prpjudi(^», and arc sjife in so doing, iKMUg.lwth partys and Judges. 



158 COLONIAL RECORDS. 



In the said Grand Court for tryal for crimes ; Murders, Fellonys, and 
other great crimes frequently escape punisliment, when at the same time 
words of the least disrespect to the Governor, or other principal persons 
in the Island are severely punished. One person for some disresi^ectfull 
words of the Governor was fiiu>d two thousand }>otinds, and laid in 
Prison till he paid it. And another for disrespectfull words to one of the 
Councill was striped naked and whippe<l at a Carts tail through the chief 
Town, although he was then in a sad con<lition, one of his armes, and 
Legs l^ing lx)und up in Splinters, which he had broken a few days 
before. This person had l>orn the lat^' Quwms Commission as a Lieu- 
tenant in the Militia of that Island, and had a sufficient Estate to have 
paid any reasonable Fine, and although he did offer and earnestly pray 
the Court to inflict iniprisi)nment, and any Fine whatsoever on him, 
rather than such an ignominious punishment, yet he cfjuld not prevail. 

Sometimes the said Justices quarrel with each other on the liench in a 
most scandalous manner, and at one Court they shoved and justled the 
Chief Justice, and laid their hands on their Swords on the Benc»h, and 
were going to draw on each other, if a company of the guards had not 
immediately rushed into Court with Muskets charged and presented, with 
whose assistance one part of the Justices sent the others to prison. 

This transaction and the whipping of the aforesaid person, were com- 
plained of in England, and fully prove<l, and have lain before the Boanl 
of Tnule alx)Ut six years to no Purpose. 

It is usual with people in the plantations to engage in Suits at I^w- 
tho they are advised agjiinst it, they know the ignorance of their Courts 
and say thev will trv their luck for they have friends on the Bench. 
This is so great an encouragement to litigiousness that there have bin 
above nine hundred Causes in one year, depending in the aforesaid small 
Island. To the great prejudice4)f trade, and negle(*t of their Plantati<ms. 

OF PLANTATION GOVERNORS. 

Governments have bin sometimes given as a reward for Services done to 
the Crown, and with design that such jxasons should thereby make their 
fortunes. But they are generally obtained by the favour of great Men 
to some of their dej:)endants or relations, and they have bin sometimes 
given to persons who were oblidge<l to divide the profit of them with 
those by whose mejins they were procured. The Qualifications of such 
persons for Government being seldom considered. 

The Governor is by his Commission made Captain Geneml, Chan- 
i^ellor. Chief J ustice, and Admiral, which are great and different jmwers, 



COIiONlAL RECORDS. 159 



and can never l^e justly executed by one i)er8on, unless he have some 
reasonable knowleilge of the matters in which he is to exercise such pow- 
ers. This is seldom to be found in one man, and never was so in anv 
of the said Governors. So that if a (Jovernor should be a good man, and 
intend to do well, yet his want of knowledge in those things that most 
nearly concern the i>eiice and happiness of the people, will make him 
subject to many and great errors, and the being misled by others; and 
render him utterly incapable of Judging whether the inferior parts of the 
Grovernment under him be rightly administered, or of applying tit rem- 
edy s if it be not. 

Thus the i)eople may be very much oppressed and injured, and many 
Complaints Ixj made of them in Brittain, and yet such a Governor may 
not be so blamable, as those who procured his being sent to execuite 
powers, of which they knew he was not capable. 

A bad Governor invested with all these extraonlinary powers, does 
thereupon grow haughty and insolent, he knows those who had power to 
put him in, had also power to protect him in a great measure from ail 
complaints that may be made against him. He knows the great trouble 
and hazard they must run, and the great charge, vexation, loss of time 
and damage to their Estates, who arii forced to take long and dangerous 
voyages to prosecute him. He knows that most of the Planters will 
rather Ixiare any Injury than thus seek for an uncertaine redress, and that 
not one Planter in a huiulreil is able to l)eare the exjwncre. He likewise 
is sensible that afler they have proved all they «in against him, the worst 
that can happen is, that afler they have spent two or three years after this 
manner, he may l>e recalled, when the usual time of such Govern men tw 
is almost expired. And may enjoy at quiet in Britain the fruites of his 
oppression and rapine. 

Such a Governor sells his judgments and decrees to the highest bidder, 
and all places l)oth Civill and Millitary without any reganl to the fitness 
of the persons to execute them which multiplies oppressions. He pro- 
tects the inferior Officers and others who pay him yearly pencions, in the 
neglect and brejich of their duty; so that all cx)mplaint«< and prosecutions 
against them are in vain. He encouragi*s and protects those who dec^lare 
of his party against all others, in their insults, oppressions and violence. 
The greatest crimes committed by any of his party escjii>e unpunished, 
and the smallest transgix*ssions in the other are magnified into the greatest 
crimes. By arts and violence he forces the i)eople to chuse such members 
for the General Assembly as he knows will (^jnsent to the raising of most 
money by taxes on the people, which is d<me on pretencte of building, or 



160 COLONIAL RECORDS. 



reimiring forts, storing Magazines, and other pubiick uses of the place ; 
but really with design to get most of it for himself in a covert manner. 

These things are not aggravated, but much less said of them then nn'ght 
have bin with truth. This is apparent by the following fact, which was 
done about eight years since. 

The person above mentioned who paid the two thousand i)ounds fine 
for words spoke by him against a Governor, did afterwanls complain to 
the late Queen, of the said proceedings, and excessive punishment; 
whereupon he ()J)taine<l an order to have the said mony returned him by 
the Governor, who had received it. 

The Governor enraged that he was ordered to part with the mony, 
resolved on a more severe revenge, and with the assistance of a person 
he used to imploy on such ocxasions, sul)orned one to swear high Treason 
against the aforesaid jxjrson, and thereuiHjn sent him to prison, used him 
severely, and threatened to hang him in a few days, giving out, and 
making the prisoner beleive, that he had two possitive witnesses against 
him. 

The Treason he was charged with, was a Confederacy with the French 
Governor of Martinico to deliver up several Brittish Islands into the 
Hands of the French King. The prisoner (who was a weak sickly old 
man near seventy years of age) to save his life and obtain his Liberty, 
wiis at last forced to give the said two thousjuid pounds privately to the 
Governor. Whereupon he was delivered out of prison without any tiy- 
all, or l)eing l)ound ti) appear at any Court to answer it. 

The acquitting of him in this manner, was alone a violent cause to 
presume he was not guilty of any Treason and that he had bought his 
Liberty of the Governor. 

Full proof of all this matter was afterwards exhibited to the late Queen 
and Council, and laid before the Board of Trade. And the General As- 
sembly of the Island made a full representation thereof in the mast zeal- 
ous manner, humbly praying her Majesty's protection of their Lives, 
Liberties, and Estates. 

All which produced no other effect then the paying back of fifteen 
hundred pounds of the money by the Governors agent, who had received 
it, and this Wius dcme by Composition the person grieveil loosing the rest. 
And no person was punished, or any effectuall remedy advised or pro- 
jHjsed by the Board of Trade against such wrongs for the future. 

All nations but the Brittains have Civil Governors, or Chief Justices, 
in their Collouys, lus well as Military. They rightly Judge that no per- 
son can administer Justice, but those who understand it. And till it be 
so with us, no Plantation can be governed. 



CX)LONlAL RKCX)RDS. 161 



OF APPEAI^ AND COMPLAINTS FROM THE PLANTA- 
TIONS 

As ai)pcal8 U) the Prince from inferior Jurisdictions, are the rights of 
the subjects in all nations, they would contribute very much towards 
keeping Governors, and Plantation Courts in awe, if they were allowed 
from thence, as was formerly practised. 

But in the year 1689, the Governors by their Instructions were 
direi^ted not to suffer any appeal to be made to the King, unless the Es- 
tate, or matter contendeil for, did amount to the value of five hundre<l 
{K)unds. 

This Instruction covered the Governors and Courts from an Insj>ection 
into their amduct in all cases of a less value, thereby giving them the 
ultimate Jurisdiction in all other cu^es. And whereas most of the Suites 
amongst tliem concern Traffick and not one in fifty of so great a value 
their jwwer was thereby made absolute in all the rest. 

This has subjected the people to many grievous wrongs, but it has 
made Governments and Judicial places worth more money when they are 
sold. 

In many cases whereby the said Instruction (iovernors ought to allow 
ap{)eals, they fret|uently refuse them, pretending that the Land, Estate, 
or N^ro Slaves sut^d for are not of the value of i:oO() tho' they are 
worth much more. Some have bin forced to come from the Plantations, 
and on Petition to King get leave to appeal, and then return to the Plan- 
tations, and come l>ack again with their appeal, and with the pa()ers and 
writings necessary for the prosecution of it. And thus they are forced 
to two or three long Voyages, with great hazard, expence, and loss of 
time, before they can obtain Justice. 

Where ap])ea1s have bin made against sentences and Judgments of the 
Courts, and all the proceedings and Records transmitted under the seal 
of the Plantation, it is not to be doubted but Justice has bin don, the 
whole matter appearing by such papers, and the ultimate Judgment given 
by the King in Council. 

But on Complaints of grievances, and of many great oppressions, 
which have not been done in a Judicial way, and w^here the proceedings 
were not of record, and consetpiently could not l>e proved so fully before 
the King, as in the aforesaid case of Appeals, the persons injured meet 
with unsupportable difficulties and have seldom bin relieved on their 
(x>mplaints. 

21 



162 CX)LONIAL RECORDS. 



The Complaints are commonly against Governors, who Ixjing the 
Chanoellours have the keeping of the great Seal of the Colony, and will 
not suffer it to be put to any papers that may be used against them, untill 
a speeiall order for that purj)ose can be obtained from the King. 

This forces who have cause to complain to address themselves first by 
Petition the King praying to have his Majesty's order to the Governor 
commanding Him to let them have Copys of such Records and Pajiers 
as they want, attested under the Broard Seal. Which Ixjing obtained 
and carried to America, they may be able after a year or two thus spent, 
to return again to Brittain prepared to prove their grievances. 

But as it very seldom hap2)ens that such oj>pressions can be fidly 
proved without the Dejwsitions of Witnesses, and as there is no I^w 
by which witnesses can Ixi cx^mpelled to depose in such extrajudicial cases, 
or any power in the plantations, except the Governors themselves to take 
their Depositions and return them authenti«illy to Brittain, if they were 
willing to be examined, for this reason it often happens that the greatest 
wrongs done there cannot be proved in Brittain. 

And where the persons oppressed can prevail with Witnesses to come 
over from the Plantations, they must bear the expence of it, and likewise 
pay them for their trouble, hazard, and loss of time, which with their 
own charges in the prosecution may amount to above a thousand pounds. 
This is what few of the Planters c^n lx»ar, and several have been ruined 
bv it. 

This sort of complaints are Ix'gun by Petition to King in Council, 
upon reading there, it is referred to the Board of Trade, to examine into 
the matters (»omplained of, and report their opinion to his Majesty. As 
these Complaints are always grounded upon breaches of the I^aws, Con- 
stitutions and rules of Government in force in the Plantations, of which 
no person (^n judge truly or make any reasonable re[)ort to the King, 
without having a perfect knowleilge of the Plantations, and of their 
Laws and Constitutions; as likewise of the Laws of Brittain, so that 
there being seldom or never hitherto any such person in the said com- 
mission, the subject of such Complaints has seldom bin truly understood 
by the Board, and conseijuently could not bv rightly re])orted by them to 
the King, whereby his Americjin subjects have faiKnl of that Justice and 
relief they otherwise might have had. 

That Board having found it difficult t<> make such reports as they 
ought in such cases have kept the mattei>; referred to them a long time 
under their consideration and have had severall hearings of the partys 
concerned, who have frequently been forced to attend above twelve 
Months, before they were able to get a report made to the King. 



COLONIAL RECORDS. 163 



The said Commissioners having power by their Commission to exam- 
ine Witnesses on Oath, but always refusing to exercise that power (as it 
is necessary they should) they are thereby the less able to make their 
reports with exactness and truth. The not exercising such power, has 
occasioned much Confusion, variety of opinions and different proceedings 
at that Board at several times. The Board have sometimes directed the 
partys concerned to curry their Witnesses to a Master in Chancery, and 
get the Depositions taken in writing, which they have after received as 
Evidence. At other times they have refused to receive such Depositions 
as evidence, and at the same time have admitted the examination of per- 
sons viva voce, who were not upon Oath. And at other times have 
allowed notliing to be good Evidence, but what came over from the 
Plantations under their Broad Seals. 

This uiuicrtainty, and variety in their proceedings has often produced 
more trouble, and greater oppressions then what were at first «)mplained 
of, and generally their reports to the King amount to little more then 
giving their opinion, that the Complaints & proofs should l>e sent back 
to the Governor for his answer. 

The Grovernoi^s generally delay their Answers as long as they can, and 
after their Answers are returned to Brittain, there is usually so much 
time spent in a further cx>nsiderati()n of them, that their Governments 
expire, and they are recalled before there be a finall determination. And 
so the matter commonly ends, the persons wrongeil knowing they can 
have no further relief on the said complaints. 

Thus after two or three, and sometimes four or five Years excessive 
charge and trouble, and severall long Voyages from the other part of 
the World, the unhappy American Subjects are forced to bear their 
oppressions. 

OF THE COUNCIL FOR TRADE AND PLANTATIONS. 

The Board was ei-ected al)out fifteen vears since, as has bin l^efore 
ol)served. By their commission they are direc»ted to enquire into the 
severall obstructions of Trade, and the means of removing the same. 
And particularly to inform themselves of the condition of the resj)ective 
Plantations, as well with regard to the Government and administration 
of Justice in those places, as the Commerce theret)f. And to consider 
how the Collonys there may be eased, and setnireil, and rendered more 
lx?neficial to England. To look into Governors Instructions and see 
what is fit to l)e a(lde<l, omitte<l or changed in them. To take an actMMint 
yearly by way of Journal of the administrations of such Governments. 



1«4 COLONIAL RECORDS. 



To hear ooniplaiiits of OppressioiiJ?, and Male Administrations from the 
Plantations. To examine into and weigh snch acts as shall be passed in 
the Plantation Assemblvs and to consider whether thev are fit for his 
Majesty to consent to, and establish for Laws. And upon these and 
several! other heads, to make representations to his Majesty of such reg- 
ulations as are fit to lx» made in the Plantations. As by a copy of the 
said commission will more fully appear. 

If this power had bin always vested in Persons of Knowledge and 
Integrity, to whom the plantation affairs were well known and unani- 
mous in the design of promoting the public service only, it might have 
produced much goix\. But there having bin many |)er'son8 att severall 
times put into that commission for different reasons than tlieir ability, to 
discharge such a trust (as is well known) it has not hitherto produced 
such effects as might Ix? exi>et*teil fnm\ it. And it was imiK)Ssible that 
Board should make a riglit Judgment of wrong oppressions, and Male 
Administrations, and of Acts sent from the Plantations to Ix? passed into 
Iiaws, or 1k» able to represent what regulations were fit to Ik? made in the 
Governments, and administration of Justice unless some at that Board 
had a jK'rfect and pei*sonal knowledge of the Nature of the Plantations, 
and of the p(H)ple, as likewise of their different Laws and Constitutions. 

Many instances might Ix? here given of many incredible things done, 
and omitted by that B<jard, but since the design of this is not to reflect 
on past miscarriages, but to prevent the like for the future, and since 
there is now reason to expect from his Majesty's wisdom and the Justice 
and Prudence of his Ministers that the said Councill will be in a short 
time Ixitter filled, two instances need only Ik? now mentioned. 

Thev are bv the said Commission dire(?ted to exrimine and look into 
the usuall Instructions given to Governors, and to see if any thing may 
Ik? added, omitted f>r changed therein to advantage. As likewise to con- 
sider what trades are taken up and exercised in the Plantations which 
are or may Ikj j)rejudicial to England. They liave accordingly had the 
(consideration and setling.of all such Instructions, in which nevertheless 
a Clause has bin (^)nstantly incerted coiiiandiug Governoi*s to endeavour, 
and encourage the setting of Workhouses to set the jKXir at Work, and 
many Manufacturers are made in the Collonys on the Continent of Amer- 
ica, wliich cncrease daily, so that in time they may supply our Sugar 
Collonys as well as themselves with things that make a great part of our 
Brittish Trade, to our grt*at prejudice, and contrary to the Pollicv of all 
other Nations. 



COLONIAL RECORDS. 165 



They likewise continue the aforesaid Instructions against ap{)ea1s, and 
have bin so far from advising a change thereof, that about thirteen years 
since, when on the Petition of many Merchants and Planters about it, 
a Committee of the Privy Council made a report that it should be 
altered ; the then Board of Trade pade an Interest to have it referred 
back to them, and on their report it has been continued. 

THE WAY TO PRESERVE AND IMPROVE THE PLANT- 
ATION TRADE. 

This may be l>est done by a good Council for Trade and Plantations, 
filled with persons of Integrity, and resolution, and fit for the Business 
they are imployed in. 

In order to this l)esides one or two Lords, which are usually in that 
Commission there might be one or two j)ersons of note who well under- 
stand the constitution and affairs of Brittain and if thev have bin Aml)as- 
sadors, or Envoys abroad they may Ire the l)etter (|ualified. Two Mer- 
chants of reputation, who have bin (X)ncerned in general Trade, and have 
given it over, are likewise necessary. And as the Plantations are to be 
the greatest part of their Province, it is necessary there should be some 
at that Board who have lived in tfie Plantations, and have a perfect and 
personal knowledge of them, and esj>ecially of their I^ws, Customs and 
Constitutions of their severall Courts, as likewise of the I^aw of Brittain, 
it being impossible to understand the Laws perfectly of the Plantations 
without the other, most of the English Laws Ix^ing in force in the Plan- 
tations. 

If any who have bin Plantation Governors or others who have served 
the Crown in Superior Stations in America, have done their duty and 
have behaved themselves with an unblamed Integrity, such persons might 
not only be of great service at that Board but their Imployment in that 
Commiasion would \ye a great encouragement to all others in the service 
of the Crown in America, to behave themselves well, when they have 
such a prospect of being employed after their return to Brittain. This 
alone would produce many good effecrt^. 

But as such Commissioners if they do their Duty, may he forced to 
disoblige many Governors, and other great Men, by whom such Gov- 
ernors may be favoured and supported in Brittain, it will be absolutely 
necessary to encH)urage them that they be personally known to the King, 
and not removable from that Board, without some fault and his Majes- 
ties immediate knowledge. 



166 COLONIAL RECORDS. 



Such a Council would be able to make proper oliservations on the State 
of the Plantations, and everything concerning them, and full representa- 
tions thereof to his Majesty from time to time. On which fit remedies 
may be applyed 

As no part of the British Dominions has been hithei'to so little under- 
stood, and so much neglected, so there is more room there then in any 
other part of the Kings Dominion for the gaining much Honour to the 
administmtion of his Government and much gocKl to his Subjects. 

As a great part of his Majesties personal Revenue arises on the Plan- 
tation Trade, as well as of the publick revenue, so both these are fallen 
by the dw?ay of the Plantation Trade, and will encrease when that is 
inrproved. 

There is likewise a casual revenue arising to his Majesty in all the 
Plantations, which if well managed might amount to a good sume; but 
by nc^ltH't, comiivance, and fraud, it is now Ix^come so little that it is scarce 
thought of. 

His Majesty's Honour and Interests is more peculiarly concerned in 
the go<Ml Government t)f the Plantations, then in any other of his Brit- 
tish Dominions, for his power is greater over them, then over any other 
of his Subjects. 

All appeals from then(x? are determined by his Majesty in Council, and 
not by the House of Ijords, as they are from the rest of his Dominions. 

His Majesty has power to repeal any of the Plantation I^aws, without 
the concurrence of the Plantation Assemblys bv whom they were made, 
or of anv other whatsoever. Which (rannot be done in the rest of his 
Dominions. 

He has power to errect any new Courts of Justice, or to change thasc» 
already established. And in most things the will of the Sovereign has 
hitherto bin the Law of the Plantations. 

Octol)er the IH**' 1714. 



[From PoLTX)CKa Letter Book.] 



North Carolina Febrv lO**" 1715 
Hon** Sir 

Yours from Berne dated April ^O'** 1714 came to hand and [am glad 

to] undeivtand you have got safe to your own country, and I should [l>e] 

well satisfietl, (if for your advantage and to pay it? your crnli tors) [you] 



COLONIAL RECORDS. 167 



could pnx^ure a new surety. But I could never have expected Baron 
Graffenreid, whom I always took to be a man of honour and honewty, 
would have proposed to me to give away the matter of 90() pounds ster- 
ling money of England for nothing. You know how readily and fully 
[I served] you ; you can not but remember your reiteratetl promises that 
I should be fully and honestly satisfied. And now U) projwse U) put me 
off with [nothing?] is what I never expected from you. Your 

debt to me was 612 pounds, l)esideH some other small debts I [paid] by 

your desire, after making up accounts : Your debt to Cap and his 

brother was fifty six pounds which makes 668 pounds, the bills Ixiing 
pn)[test€d] the change and reexchange at 15 per cent is 1)1 jx>unds -1 
shillings] makes with the charge in England for the protest near 770 
{K>unds. To [which] will be two if not three years interest due hefon* I 

can have it of you at London, which with the other small debti^ 

I have jxiid here for [you] and trouble of taking care of what insignifi- 
cant matters you [left] here, having been forced to pay M' Graves for 
the surveying your land, and the heavy charge of a Land tax, will make 
your debt near 1000 pounds sterling money of England, of all which 
have received [but] 312 pounds in our public bills for your sloo|)s et 
eact, which are of no use, seeing I can purchase nothing for them, but 
lie dead on my hand. And as for your goods, if you left any of any 
value, your friend Mr Mitchell, the Major, and others of your people 

had conveyed an I having got nothing, save a little iron and srjme 

rusty nails for ... . and other small things of little value. 

You know that you puR'hased only 15000 acres of land of the I»nls 
Proprietors, which is but 150 pounds sterling mone\', whereof at mill 
Creek? there is only 8500 acres surveyed ; the other 5000 acres not l)eing 
yet taken up, which I intend to take up at White Oak River, as you 
designed. As for your two or three other small tracti^, you not having 
paid the purcha^^e to the Ix)rds Proprietors, they were by a law ma^le 
here, with all other lands in Bath county that had not paid the purchase, 
lost : so I wa< oblidgeil to pun'ha*^.* them of the Receiver General. And 
all the land, and wliat else is come to The of yours, is not really of the 
value of 200 pc>unds. And if you will [jay me at I»ndon, f¥) that I 
may be sure to have the money seven hundred |K»unds sterling money, 
within this twelve month, you shall have what land you purfhas«ed of 
the Lords Proprietors, you shall have the public bills I had on your 
account, and what other small matter of gorjct* I had of yours or the 
value as they are appraised. 



168 COI/)NIAL RECORDS. 



[Council Journal.] 



The Hon"« < 



> E.s<i' Uh prop*" Dep'J^' 



North Carolina — ss 

Att a anuicill holdeu at the house of the Hon"" Charles Eden Ea<j' 

Gov' Ac in Chowan on ifmlay the 11'*' day of tfeb"^ ^^\i 

Present Tlie Hon"« Charles Eden Esq' Gov' Capt Gen" & Adni" 

Tho- Pollock ^ 
Na: Chevin 
Christo Gale 
ffra ifoster 
t T Knight J 

Upon Petition of Roht Sherive setting forth that one Robert Wil- 
liams formerly surveyeil a tract of Land in Bath County Conteyneing 
three hundred and Twenty acms but never p'* any purchase money for 
y* same nor Improved it by any ways but di.sert<?d it and sincxi dycnl 
leaveing no Heyrs in this Governm* and that y* said Sherive treated w*** 
Co" Tho* Cary whoe was then Gov' and Re<iMver Gen" to y* Lds prop*" 
and he Jissured him he might take up y" said Land w***" he did and payd 
y* purcliase money therefor to him y* said Cary whodelivere<l him a pat- 
tent for same But soe it is that on searcli in y® Sec'^ Office he fin<l that 
y* sai<l pattent Came out of y® Office in y* name of y" said Williams and 
stands so recorded but was altennl int^) v* said Sherives name by v* s** 
Cary therefore prays that in regard he knows nothing of y* Said Cary* 
unfair dealing but verily l>elieved y* Said pattent wiis retiorded in his 
own name and in regard that he has actually p^ y* Consideration money 
to y® prop*'" and done all other things nec^essjiry to his title that y*' record 
may be altered & made agreeable to y* pattent. 

Ordercnl that y" said record be altered as prayd for y* severall alliga- 
tions in y* Said Petition appeareing to this board to be true. 

There haveing Iwen this day a peace Concluded with the Cores and 
others our Enemy Indyans It is Considered & agrtnxl upon by this board 
that y® said Indyans tog(*ther w*i Pagetts men have Lilx^rty to Setle at 
Mattemusket and the Hon"** the (jov' is hereby re(piested to C-omission 
& Im|)ower Some jx^rson to live w'** y® Said Indyans the better to Inspc»ct 
into their Ix^haviour and to remit acicoinits thereof to him as often iis he 
shall \)0 thereto retjuired for which servict* he shall be allowed out of y" 
Publick 2- (>^ f day 

Whereas report has been made to this Boaitl that one Stephen Swet- 
nam fonnerly surveyed a tract of Land on Dei'ehams Creek in pamplico 



COLONIAL RECORDS. 169 



Conteyneing One thousand Acres and afterward Sold y" same to the 
Hon"' Willm Glover Esq' since dec'd, but that before the said Glover 
Could Prosecute his Title a pattent Issues out of y* Sec*^ Office in y* said 
Swetnams name without any Privity or knowledge of y" alteration of y^ 
title afe** which said pattent was afterward by the Hon"' Co" Tho* Cary 
then Grov' altered into y* Said Glover name and it appeareing to this 
Board by the Depsitions of the Said Cary & Co" Christo Gale as also by 
rect" under y* Hand of y* Said Cary and Swetuam that the said Glover 
actually p** y* Considerations Money for y* Same Land to y* Said Swet- 
nams and also y* purchase Money to y* Said Cary who was then y* Ijord 
prop*" Receiver. 

It Ls ordered that y* afs** Record of y* afs** ])attent be altered and made 
in y* name of Willm Glover 

Daniel Richardson Dr £ s. d. 

To Purchase money Reoed at; £10 f 1000 Acres 482 19 

to y' Quitt Rents to Mich- 1713 At 6* f 100 Acres 38 .6 A 

To Purchase money Reced at £20 ^ 1000 Acres 137 .8 

To y* Quitt Rents y' of to Mich" 1 71 3 at P f 100 Acres 2 .4 1 J 
To y* Quitt Rents to Mich" 1713 at 2" "^ 100 Acres in 

Chowan 206 5 

To Do for purchase Lands at/B" f 100 Acres 5 .10 .4 

To Do in Pasquotank at 2* f 100 Acres 150 .13 7 

To Do for purchase Lands at 6' f 100 Acres 5 18 

To Do in Perquimans at 2" f 100 Acres 73 2 

To Do for purchase Lands at 6* ^ 100 Acres 1 6 



1102 7 lOi 
North Carolina ss 

Cha Eden Esq' Governo' Cap^ Gen" & Adm" of y* s** province 
These may certifie that on ye 14*** day of Fel/ 17-J^ Dan* Richardson 
Esq' p'sonally came and appeared before me and made Oath y* y* within 
Acoo** were true 

In testamony whereof I have hereunto sett my hand and fixed my 
Seale of Armes y® day and yeare above s** 

CHA EDEN 
Feb^y* 14th 17|J. 

Errors 

D. RICHARDSON 



22 



170 CJOLONIAL RECX)ia)S. 



[Council Journal.] 



125 — — 
90 



Et Contra Cr £ s. d. 

By sallary paid the Hon"' Chas Eden Esq' 1 ^pr. 

from y« 13th of July 1713 at £300 ^ Anm / ^^^ 

By Do paid President Pollock 131 9 11 

By Do to M' Secretary Knight from y* 1 ^ ^^ 

day of Jan. 17|i at £40 f Ann / ^^" 

By Do to Major Ch' Gale Chief Justice \ 

from the 1*^ day of July 1712 at £60 f Ann / 

By Do to M' Bonwick Att Gen" from v* \ 
1-* June 1712at40f ann " f 

By Allowance for receiving y* Quitt Rents at 1 *^i !« 

Chowan at £16 f C* / '^^ ^•^ • — 

By Do in Pai^quotank at £12 "^ C^ 18 15 — 

By Do in Perquimons at £12 f C* 7 8 — 

By my own allowance at £10 "^ C* for 1 ^ .^ . 

£1102 7- lOJ'* / iiu ^ 

By 8 dayes attendance on y® Assembly to "j 

get the Quitt Rents jxl at Certain Convenient > 3 4 

places at 8* ^ diem j 

By Attending Council to Get Ord" Ab* my \ 
Instructions / 

By 18 dayes attending y* Assembly abt \ 7 4 

the Act for sale of Lands j 

'By iMiym* in p* of Coll* Hydcs sally ) o^l 

at £200 f Anno / ^'^ 

By pens Ink & paper C* 1 10 — 






932 10 11 
Due to y" Ixls pro' By Ballance 1 69 16 1 1 J 



Excepted 1102 7 10^ 

Rec' Gen" 



North Carolina — ss 

Att a councill holden at y® house Cap* Richard Sjinderson at I^ittle 
River on Thursday the 10"" day of Mar 17|4 

Present the Hon**^' Charles Eden Esq' Gov' Cap' Gen" and Adm" 

r Thos Pollock ^ 



TheHon"^ < 



Nath Chevin 
Chr Gale 
ffra ffoster 
1^ T Knight 



> Esq" Lds pro])*" Duj)etys 



COLONIAL RECORDS. 171 



The Hon**^' Co" Tho* Pollock being this day appointed Deputy to his 
Grace the Duke of Beaufort tooke and subscribed the severall Oathes by 
Law appointed to be taken for his qualification — 

Upon Petition of Richard Swinson setting forth that one Robert ffen- 
dall Ixjing lawfully Seized and possessed of a Certain parcel 1 of Land in 
y* forke of Keudrinks Creek by entry and survey sold y* same to one 
W" Browne who Impowered one Isaac Wilson to dispose of y* same of 
whome he y* said Swinson bought the same for a valluable Consideration 
of Eighteen pounds six shillings as he can make appeare by rec** for y* same 
und' y* hand of the said Wilson But so it was that y* Piatt of the afe** Land 
being in y* Keeping & Custody of Jno Lillington was burnt at pamplicough 
in y* Massacre 1711 Since which one W" ffryly intending y* utter ruin 
of y* said Petition' (who hath allready lost most of his stock Come & 
Moveable goods by Incursions of y* Enemy Indyans) hath entered and 
Surveyed the same Land and gives out that y* right of y* afs^ Land is 
in him and that he will take out pattent for y* same in his owne name 
and further sitting forth that his great poverty and age render him inca- 
pable of subsisting if he should lose his land Such Sinister practices of 
y* said ifylye humbly prays that ye survey of y* said ffylye may be set 
aside Seeing it is of latter date then the Said Purvey lost in y* massacre 
and that he may have y* liberty of surveying & pattenting the same &c 
And the said ffryly appeareing and y* matter being Debated on both side 
and duely Considered of by this Board. 

It is ordered that y* afs** survey of ffryly be sett aside and that y* Sur- 
vey' Gen" doe returne y* same in y* said Swinson name 

Upon Petition of divers of the Inhabitants on y* Sound side in 
Chowan precinct therein setting forth that y* Road from Doct' Urmston's 
to Yawpim being Cleared out y* Sound side was very prejudiciall to 
their plantations and pray's the same may be Cleared backwards in y* 
wocxls, 

Ordered that the road backwards in the woods be from henceforward 
deemed and taken for y* horse road and not on y* sound side from y* s* 
M' Urmstons downe to Yawpim 

Upon Petition of the Hatterass Indyans praying Some Small reliefe 
from y* Country for their services being reduced to great poverty 

Ordered that they have 16 bushels Come for their present supply out 
of the Publick Store. 

Ordered that King Blount have one hundred bushells of Indyan Come 
out of the Publick Store for y* support of him and his Indyans in 
regard of their services being reduced by the Same. 



172 CX)LONIAL RECORDS. 



Upon Petition of Jn** Bernard Chenywolfe showing that one Robert 
Williams formerly surv^* a tract of I^nd Conteyning 1 90 acres in y* 
forke of Greens Creek in Nuse and soone after dyed leaving noe Heyrs 
in this Governm' but before his Death was knowne a pattent Came out 
of the Sec*^ Office and Co" Tho* Car\' who was then Gov' & Receiver 
Gen" for y* Lds prop*' haveing the s** pattent in his owne hands Sold ye 
same Land to one Tho* Yates who sold the same to Chenywolfe now in 
n^rd the said Yates actually and Bona fide paid the Purchase Money 
and Q* Rents for y* same Land and y* pattent being altered into y* said 
Yates's Name by the said Cary he pray's that the Said Record may be 
altered agreeable with the Said Pattent which is granted 

Upon Petition of the Porteskyte Indyans showing that the Inhabitants 
of Corratuck Banks have & doe hinder y* Said Indyans from hunting 
there and threaten them to breake their guns and that they Cannot sub- 
sist without the liberty of hunting on those their usuall grounds. 

Whereujx)n it is hereby ordered that y* said Indyans from hencefor- 
ward have Liberty to hunt on any of the said Banks land that noe Eng- 
lishman presume to disturln* them thereon without application made to 
this Board. 

Upon Petition of George Bell setting forth that he had two serv" 
bound to him by the precinct Court of Craven in y* month of July 
17^ namely Charles Coggdaile and George Coggdaile as by ludentui'e 
may appeare. And further that y* Court af"* have pretended to sett y® 
said Serv' at Liberty as he is informed by reason that they could not per- 
fectly read and write when as the time of their servitude is not half 
expired And he further claimes that during the time they were with 
him they were well used and much time allowed them to perfect them in 
their reading and writeing and that he intendeil to Instruct them in y* 
building of Veasells Therefore prays that in r^ard there is no other 
allegation made appeare ag* him they may I'cmain w^ him till y® time in 
the Indenture Specifyed be expired &c And the matter Ixiing considered 
by this board 

It is ordered that the said Charles and George Coggdaile do remain 
with their said Master pursuant to their former Ind*" notwithstanding any 
order of the Precinct Court unless sufficient Cause be Shown to this Board 
to y* Contrary 

U[K)n a C^aveat entered by James Blount ag' a Pattent g(X^ing out for 
a peace of Land lately surveyed by Henry Bonner in Mattamousket 
Creek and a motion thereon made alledging that the said survey does 
interfere w'** a former Survey l)elonging to y® said James Blount It is 



COLONIAL RECORDS. 173 



ordered by this Ixmrd that Co" Will** Maule and Co" Edward Moseley 
doe Make a tryall of both y* said Surveys and report the .speciall matter 
to this board bv y* last of Julv next. 

Mr. Emanuel Low prefering a petition to this board ag* Mathew Mid- 
gett therein setting forth that y* said Midgett had feloniously broke open 
his stoiHi house in the time when the Hon**^* Edw* Hvde was Gov' here 
and had take thereout a quantity of Rum & Sugar &c and pray's y* Gov' 
warr* to appehend him therefore and it appearing to this board that y* 
What y* said Midgett did in that regard was done by y* autliority of the 
Government and that y* Said Low has been considered <fe satisfyed for y* 
same. Therefore It is the opinion of this board that j'* Same Petition is 
altogether Scandolous Infamous Seditious and false And therefore it is 
onlei*ed that y* Same be & is hereby rejected as Such. 



[B. P. R. O. B. T. North Carolina. Vol. 6. p. 33.] 



LETTER TO CHA : EDEN ESQ' GOVERNOR OF NORTH 

CAROLINA. 

To Charles Elen Esc,** 
Sir, 

It having l)een represented to Us that an Act. of Assembly was pa&s'd 
in Our Province of North Can)lina in Nov' 1713, that all Persons who 
have taken up any Lands there, and have not paid the purchase Money 
within three Months after the Date of the said Act, otherwise any other 
Person might lawfully purchase the said Land paying the purchase* 
Money to our Receiver General. 

This Law indeed seems plausible and intended for Our Service (tho' 
at the same time We think the Assembly need not have made any I^aw 
relating to the purchasing of Our Lands) but we are given to understand 
that a very ill Use has l)een made of this Ijaw, and under Colour thereof 
several poor Persons who have lost their Husbands or Fathers, or have 
otherwise lxx*n reduced by the late War, and are consequently objects of 
Compassion have for want of the payment of their purchase Money at 
three Months end, l)een dispossessed and other Persons (several whereof 
are Our officers) did [)ay the purchase Money for the said Land with an 
Intention to sell the same at great Advantage. If this l)e the truth of 
the Cast;, tiiere has l)een the greatest Opprt^ssion and frautl imaginable 



174 CX)LONIAL RECORDS. 



practis'd under Colour of Law, for by this means the Poor people who 
by the Calamities of the War have been rendered incapable to pay the 
purchase Money within the time limitted have lost their Lands, and the 
Rich Men by payment of the first purchase Money have got possession 
of the same to their own Advantage but to the ruin of several poor 
Widows and Orphans. 

If this appears to be the Case, We will highly resent it and censure 
such of our Officers who have IxK^n concern'd in these ill Practices, and 
We require you strictly to examine this matter and make your Report of 
the truth thereof by the first Opportunity. 

We in the meantime are of Opinion that the Persons who are turned 
out of their Lands by the unjust Advantage that has l)een taken of this 
Law shouM have their Ijands restored to them again upon paying back 
the purchase Money with the Interest thereof within a year after your 
Receipt of this to those jxu'sons who advancM the same under Colour of 
that Law, and that such persons who by the War have been utterly dis- 
abled from paying the purchase* Money shall he assisted by Our publick 
Money they giving Security for jmying Principal and Interest to Our 
Receiver General within three years. 

And if any Difficulties shall happen to arise upon Lands having been 
transferred from one to another so that sonic parcels of those Lands may 
now be in Possc^ssion of Persons who liave purchased bona fide at consid- 
erable Rates l)cyond what was the Original Price of those Persons who 
procured this Law for obtaining this very Advantage, We commend this 
and all other intricacies that may arise to the Assembly, and We hope 
they will provide for the same, it being our Intention that the poor Orig- 
inal Purchasers shou'd not be defrauded. 

We are 

Your very loving friends 

CARTERET Palatin 
M. ASHLEY 
P. COLLETON 

J. DANSON 

S* James' March 26"^ 1715. 



COLONIAL RECORDS. 176 



[B. P. R. O. R T. No. Oaeolina. Vol. 6. p. 31.] 



LETTER TO M' EDEN GOVERNOR OF NORTH CAROLINA. 

To Cha : Eden Esq" 
M' Eden. 

We received your Letter, Dated Sept' y* lo"* 1714, Your opinion in 
relation to the Money Bills not being accept^ in Payment for the pur- 
chasing of Lands, was just, and we return you our thanks for your Care. 

You say, that in your Instructions, four of our Deputies are to be 
joined with you in determining publick matters. But you desire that two 
only with your Self may be a sufficient number for that purpose We 
think that too material a point to be altered, but we are willing to give 
you all reasonable assistance in our Power, and have therefore sent you 
Blank Deputations for you to put in such Persons Names into them, as 
you shall think willing to give their Attendance, and will be most ready 
to assist you in the Administration of your Government. 

We readily comply with your request in making M' Christopher Grale, 
Our Chief Justice, and have given Our Secretary Orders to draw a Com- 
mission and prepare Instructions accordingly. 

We wish you Success in the Treaty of Peace with the Indian Cap- 
tains, and we doubt not but your care and prudence will bring that War 
to a happy conclusion. 

Tho' we are convinced that a re-survey of the Land in your Province 
might tend to the Advantage both of us and every Plantor, yet we think 
it proper, to have that matter a little longer deferred, least the |)eaoe and 
quiet of the Country should by that means at present be interrupted. 

We hope that you will take care that our Reoeiv' General M' Rich- 
ardson, do send his Accounts to us as soon as the next General Courts 
are over; and that such Effects of Ours as are in his hands, and are 
proper to be sent to Europe, be constantly remitted to us by all conven- 
ient Opportunities. 

We think it proper to give all due Encouragement to such persons as 
are willing to come and settle among you, and we do therefore hereby 
require you to give a Power or Liberty to any New England Men or 
others to catch Whale, Sturgeon or any other Royal Fish upon your 
Coast, during the Term of three years, they paying only two Deer Skins 



176 COLONIAL RECORDS. 



yearly to the Lords as an acknowledgment to them for the same. So we 
bid you heartily farewell and are 

Your very loving Friends 

CARTERET Palatin 
M. ASHLEY 
J. DANSON 
S* James' 

March 26*^ 1715. 



[From North Carolina Lbttcr Book of 8. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina April 13. 1715. 
Sir 

I've little to add or vary from w* I have formerly written, my cir- 
cumstances are little or nothing better'd. The Vestry's very averse to 
meet & with much difficulty have been prevailed to order me some 
money but then no care is taken for collei^tiug it — The Chh : Warden of 
Pascotank Pre<*inct was onlered to collect £*M for y* first year after my 
coming into this wretched country & hath had it in his hands tliese two 
vears & I cannot receive it without an arnest w*** would cause clamour 
enough ; The Vestry for Chowan where I reside, last December ordered 
me £110 for y* 3 years last past, but the time is lapsi'd for y® collection 
this year & w""^ was to sctvc me for a little provision I know not: I've 
nothing to buy w*** & not able to mise any — If I had not with the 
utmost slavery made a little corn, we shou'd have all perished; I've not 
a morsel of any thing save corn ; Be(*f or Mutton is not ejitable at this 
time of y* year, nor can we expe(*t any till August. 1 have In^en obliged 
to pay for my plantation at last or must have turned out after Improve- 
ments w*'*' amount to near £50 — I have drawn a Bill for £00 Stg. upon 
the Treasurer, w*^** I hojK* he will pay in time, if money Ik» not just due; 
The person it is payable to will stay to take it a^ it l)ecomesdue; I must 
draw for £40 more in a shoii time, so y' (roods I must exj)ect none from 
England this year & tis very hard buying necessjiries here at such exor- 
bitant prices. I have often prayed for some relief, if it can be had 
towards paying for my expenses I am at, but am not so happy We are 
at Peace, thanks l)e to (iod, with the Lidians & among ourselves. I hope 
we shall have a ctmiunion tlu^se Holy time but fear my Congrt^tion 



CX)L()NIAL RECX)RD8. 177 



will be small by reason it never was yet administered in our Chappel ; I 
intend to go all over y' next Country towards y* end of this month for 
y* first time & if I find it practicable may Visit them oftener till y* p* 
of y* Government can be better supplied. 

I am Sir, 

Your most humble Servant 

JN^ URMSTONE 

Mission"^ 



[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 46.] 



GOV. CRAVEN TO SEC. LORD TOWNSHEND. 

23 May 1715. 
R* Hon"« 

The Neighbouring Indians with whom we have had a long and con- 
tinued Amity, haveing for almost these two months last engaged them- 
selves in a most bloody war against this part of his Majesty's Dominions, 
I held myself obligetl to give your Lordship a plain and true account of 
the present State of this Colony being well assured that it will be as 
soon as possible laid before his Majesty by your Lordship. 

I have no necessity to acquaint your Lordship, that South Carolina is 
of all the Dominions belonging to the Crown of Great Britain in North 
Ajnerica, the utmost frontier haveing the Spaniard at St Augustin or 
Florida and the French at Movill on the great River Mechassipi on the 
South and on the South West : St Augustine is not above seventy Leagues 
from our Settlements, from which place we have reason to believe Our 
Yamasee Indians who first b^an this warr upon us have received their 
principal incouragement to Attack us. These Yamase's being look'd 
upon by other Nations to be the most warlike, have prevailed with 
almost all the rest to become their Confederates and Allies so that we 
compute that we have at least 3000 Indians engaged against us, all of 
them till now entirely in our Interest and with whom we had a constant 
Trade and commerce. 

About the middle of Last A prill one of the said Yamasee Indians 
gave Some Hint to a Trader or two that lived amongst them of the 
horred design they had been sometime contriving to cutt of all the Eng- 
lish and become sole Masters of their fine and flourishing Plantations, 
this astonished the poor people, and caused them to b^g only so much 

23 



178 COLONIAL RECORDS. 



time as they could come to me to Charlestown and retiirne again, and 
they assured the Indians that any thing would be done to give them 
Satisfaction, with which they seem'd Contented. 

The two Traders made all the Dispatch, rideing night and day, to 
acquaint me with what had happened; uj>on which the Council was 
called, and we dispatched the Messengers to let the Indians know that 
some of our Chief men should meet them forthwith at a place ap}>ointed, 
to hear and re<lress their Complaints and Grievances if they had any. 
The Indians waited for the return of the Messengers, but they had not been 
with them above twelve hours, but without more adoe they were kuock'd 
on the head by the Indians, with Several more white people who were 
barbarously Tortured and Murthered by them. 

The adjacent Settlements were some of them imediately destroyed by 
the Indians but most of the people escaped by wonderfull Providences ; 
this horrible and amazeing account of Several MassacTcs being brought 
to me from Several hands, I soon mounted a Party of Men, and with 
them together with a small number of Indians who live among us, I 
marched to attack the Yamasees before they were joyned by other Indians ; 
It pleased God to give us Success against a much more numerous Party 
of Indians, They n^ceived an unexpected Defeat from our handfull of 
men with the loss of Eleven men killed outright and twenty wounded 
on our side The Enemy having suffered very much in this Engagement, 
insomuch that haveing lost severalof their chief Warriors and abundant* 
of them being wounded, tliey flew from their Towns and Settlements and 
left their Provisions and good Plunder for our men they have not as yet 
been so hardy as to shew themselves but Keep in unaccessable Swamps 
and unapproachable fastnesses 

The Country is now very active in Fortifying Several Places, which 
may hinder the Indians from c^meing lower into our Settlements, and is 
so Industriously Employed for their defence that all manner of other 
Business is laid aside, so that there will be hardly any Ric»e or other pro- 
vision Planted which will therefore be much wanted next vear. 

I humbly b^ your Lordships pardon whilst I presume to accpiaint 
you further that I take all suitable measures for the Preservation of the 
Colony besides white men (which I am sorry to say it are but few, l)eing 
not above fifteen hundred in the whole Province and they too at great 
distances from one another and dispersed in several Forts) I have caused 
aboiit two hundred stout n^ro men to ho enlisted and these with a party 
of white men and Indians are marching towards the enemy : but the 
greatest discouragement I meet with is the want of arms and amunition 



COLONIAL RECORDS. 179 



for which I am now sending to New England but I am afraid they cant 
sufficiently supply us. besides I am endeavouring to bring off* some of 
the Confederate Indians and make them our Friends again by pi^esents 
and by all the most probable waies can be thought of It is great pity my 
Lord so fine ^nd flourishing a Country should be lost for want of men 
and arms a Country so beneficial to the Crown by it8 trade and once so 
safe to other Colonies by reason of the vast immber of Indians it was in 
alliance with I have no occasion therefore to press your Lordship to con- 
sider that if once we are driven from hence the French from Movill or 
from Canada or from old France will Certainly gett footing here if not 
prevented and then witli their own Indians and with those that are now 
our Enemies they will be able to march against all or any Colony on the 
main and threaten the whole British Settlements. 

People here are under such a dreadful Consternation and Surprize 
haveing the mast barbarous enemy on earth to deal with that they are 
many of them for going off but I shall take all Imaginable care to pre- 
vent this Evill and have made them somewhat easy by giving them 
assurance that his most sacred Majesty will send them a speedy and suf- 
ficient Supply of everything. 

I am persuaded your lordship will be pleased to use your best offices 
for this Assistance and preservation of this hopefull Province, which 
without timely supplies from the Crown, will be in the utmost danger of 
being overrun by the Heathen Enemy; Your Lordship will most cer- 
tainly lay the Calamities now befallen a distressed people to heart and 
forward every thing which may tend to their security which will infalli- 
bly receive Everlasting acknowledgments from them and from no one 
sooner than from 

May it please your Lordship 

Your Lordships 

Most olxxlient 

humble servant 
CHARLES CRAVEN. 

South Carolina May 23* 1715 




180 CX)LONIAL RECORDS. 



[Council Journal.] 



North Carolina — ss 

At a coimcill held at Chowan The 25*** day of May Anno Doin 1715 
Present the Hon***® Charles Eden Es(f Governor Command' in Chiefe 
& Adni" 

rc»»Tho' Pollock ^ 

The Hon^- J fJ^I^f;!;^^^ [ Esq" the L*' Prop" Dep«- 

[Tobias Knight 

Ordered That Cap* Benja West Cap* Jn° Palin Cap* Jn° Norton Com- 
mand" in The Hon"' ye Governo" own Regim* do forthwith draw ont 
their Companyes and dec^lare to them that so many as shall vohintarily 
go to Sonth Carolina under the Command of Co" Theophilus Hastings 
to aide and assist that Government against their Indians now in Rebel- 
lion Each pei'son shall immediately Receive out of y* publick Treasurie 
five pounds for and towanls providing them Avith necessaries for their 
Expedition and from and after their I^anding in South Carolina shall as 
Further Encouragment be allowed by that Government Two Shillings 
"^ diem for so many days as they shall actually be in and upon that 
Service and that they shall be brought back again hither at the publick 
Charge In Case the Necessity of affaires will not admit of y' returning 
by Land But in Case they doe returne by Land Then to be Supplied 
with Provisions from South Carolina for such their Ma/ch and in Case 
of any Obstinacy and Reluctancy in their the Said Cap*" people Each 
Cap*** is Ordered to draw out Tenn able men from Each of y' Companyes 
provided they are not those who have y* most nimierous familyes and to 
see them well provided with armes and amunition and to put them under 
y* said Co" Hastings Orders giving a Servant in every Tenn men who 
shall receive Three Shillings "^ diem 

Ordered also that Fifty men he raise and Sent to the aide of South 
Carolina inider y* Command of Co" Morris Moore by Land and that they 
have y* same Encouragm* as in the above Ord' with the advance money 
of Five pounds a Head for Each private Centinell and Tenn pounds for 
y* Cap*^ and Seven pounds Tenn Shillings "^ head for Each Subalturn 
Office 

Ordered that onlers be forthwith sent to Cap*" Drink water to Com- 
mand him to keep a constant patrole between Pamplico and Nuse and 
that he assist the pacquet from So Carolina w*** all provisions and other 
m^cessarys for their returne 



CX)LONIAL RECORDS. 181 



The Hon*^ the Govn' is likewise requested by this Board to Write to 
y* Govern' of Virginia and acquaint him that the Govern' of South 
Carolina desires all persons Comeing out of that Governm* without par- 
ticular Permitts may be secured and sent back with all Expedition. 

Upon Petition of Nath Chevin Esq' Shewing that a tract of Land 
Containing Two hundred and seventy Two Acres at Cowhall, SurveyM 
and Patt by Richanl I^ewis is IjapsM for want of Seating and pi-aysthat 
the same may be Granted to himselfe. 

Ordered that y* same be Grant^nl as praitl for. 



[Council Journal.] 



The Hon^'- { 



> Esq' Lds propriet** Dep 



tiM 



North Caroijxa ss 

Att a council holden at y* house of Cap'** Fred Jones in Chowan June 
?"• 1715 

Present the Hon"* Charles Eden Esq' Govern' C^>^ Gen" & Adm" 

Tho' Pollock 
Nath Chevin 
W-Reed 
CGale 
Era' Foster 
T Knight 

Uix)n Petition of Robert Hicks Showing that a Tract of Ijand on 
Rockahot^k Creek is in Chowan formerly Pattented by M' James Frack- 
low is Lapsed for want of being Seated in Due time pursuant to the 
Tenor of y* Said Pattent and prayes y* same may Ije Granted to him 

Ordered that y* same be Granted as prayM for 

Upon Petition of Robert Hicks Shewing that a Tract of Land of One 
hunderd and ninty Six Acres lying at the Beaver Dams on the Indian 
Town Creek in Chowan formerly pattented by M' James Farlow is 
lapsed for want of Being Seated in due time pursuant to y' Tenor of 
Said Pattent prayes the same may be gmnted to him 

Ordered that the same Ix? granted as pray'd for 

Upon Petition of Thos Roper Shewing that Cap'" Cornelius Swillivan 
has Rece'd y* Wages of one Anthony Morrall which was due to y* said 
Morrall for his services in the Warr against the Indian Enemie and that 
the said Morrall at y* same time was an Indented Servent to the said 
Roper and therefore his said Wages was due to him and prayes whereas 
the said Swillivan has some money due to him in the publick Treasurie 



1«2 COLONIAL RECORDS. 



here he may have so much money of what is due to y* said Swill ivau as 
}•• said Morrells Wages Amounted to 

Ordered that if there bt^ monevs Sufficient in the Treasurie of the 
said Swillivan as will answer v* Said Morralls Claims or so much as 
there shall ap]jear to l)e the samo shall lx» stopjKxl or Lcnlgcd in the liauds 
of Co" Rlwanl Moseley Tresisurer and \m\(l to y* said Tho* Roper pro- 
videil the said Swillivan Shew no Canst* to y* Contrary within one yeare 
fn>m y* Date hereof. 

m 

Whereas by an onV of Council dated y" Eleventh day of Nov**' 1713 
Thos Roj>er wits InijK)wered to receive the sum of seven {K)und8 Thir- 
twn Shillings out of the Clainies due to John Toby being due to him 
and it now api)ears to this lK>ard that Cap*" Cornelius Swillivan un* pre- 
tence of Innng Admin*' to sin'd Toby has received all y* claims due to y* 
s*Tobv 

Wherefore it is herebv ()rdcre<l that if there Ik; any money of the said 
Swillivan in the Treiisurifi that the Treiisurer do pay to the said Roper 
V* AlK»ve said Sum out of v*" said Moneys 

Upon Petition of Cap'" Fred*' Jones Showing that in a survey of One 
ThousamI Nine hundred and Xinetv Acres of Land laid out for him in 
Matchepungo by John Ijawson Esq' I^ate survey' there is at Least four 
hundred acres of Isanti Less than his Complem' and that he hath paid 
the purchase money for that of One thousand nine hundred Ninety and 
nine Acres and therefore prayes that he may have as much Land laid 
out to him adjacent to y* said survey as will make up his said Compli- 
ment of One Thousand Nine hundred & Ninety Nine Acres as afs* 

Onlered that the Survey' Gen" or his Deputy do (arefully survey the 
aforesaid Tract of I^and and report to this Board what Certain q* there is 
f)ontaine<I therein and that a Caveat Ikj entered against any pattent being 
Taken out or Survey made for one John Bright untill y* said Cap* Jones 
Iian<l \xt Ijaid out as afs^ 



North CAia)LiXA ss 

Att a (Jounc^il holden at the Hon"* the Govern' house in Chowan <m 
Tcuwlay the o**" day of July 1715 

I*n»s4Mit the Hon''''' Charles Eden Es(|' Govern' Cap* Gen & Adm" 

lievin 



r Natli Clievi: 



[t Knight J 

The lion'''* The Ciovern' heaving Laid In^fore this Board a letter frcmi 
tlie L**' propricto'" wluMvin they say that Complaints have been Laid 



COLONIAL RECORDS. 183 



before their Board of Divers Wrongs Injuries & Oppressions which have 
been perpetrated and done Especially by y' I^dspp* Officers here under 
CoUour and pretext of a Certain Act of Assembly Intitled an Act &c 
and that Divers Widdowes and Ophans have been Ruined theirby and 
Tho* Lee who made y* Said Complaints hath been this Day before this 
Board and examined thereon, that the Hon**** y* Govern' Might be the 
Better enabled to report y* Truth of y* said Complaints to their Ldpp* 
pursuant to y* Said Ijetter and beiug Interigated upon Oath whither he 
knew of any persons really Injured under CoUour of that Law or any 
particular Widder & Orphan ruin'd or that had Suffered thereby or any 
Wrongs or Injuryes done by any of their Ldpp* officers either under 
Collour of that Act or in the Execution of their Officers Answered that 
he knew none 

Wherefore it plainly appears and it is theoppinion of this Board that 
the said Lee had not the least Grounds or Reasons for Such Complaints 
but that the same was most malitiously Designed to Crate misunderstand- 
ings between y* Ijdp" and y' Officers and to stirr up strife and sedition in 
the Government and to Disturbe y* Peace and Tranquillity of y* Same 

And upon Further Comply ance to y' Ldps orders the Hon"* the Gov- 
ern' hath Issued out his proclamation requireing all persons that have 
any Just Grounds of C^omplaint on y* Said matters that they make the 
same appear to him by the third day of the next General Assembly and 
thev shall be heanl. 

^^ « 

The a proclamaoon was Issued out by this Board prohibiting the 
Exportacon of all sorts of Graine but such as shall l)e purchased for and 
Carryed to South Carolina. 

Then a proclamacon was Issued out by this Board warning all persons 
not to go out of this Governm* without particular permitts had from y* 
Groverno' 

Forasmuch as the Hon"' the Governo' hath laid before this Board a 
Letter from his Maj"* Governo' of Verginia purporting that he has 
Issued out a proclamawn Commanding all y* Magistrates in the adjacent 
Counties to this Country that they apprehend all persons that shall come 
fmm this Countrey in to that Government without particular permitts 
from y* Governo' for so doing and send them under the conduct an Officer 
into this Country 

Wherefore it is hereby Ordered that Toly Knights at the horsepool 
and W" Brapwell on y* west shoare of Chowan and Tho' Williams And 
James Brown at Caratuck or either of them are hereby Apix)ynted to 
receive all Such persons that are brought in. from Verginia as aforsaid 



184 COIX)NIAL RECORDS. 



and Delivered to them and that they Immediately on Receipt of Such 
])er8ons doe Cause them to pay unto such officer or officers as Shall bring 
them in 20* Each man and carry them before the next Magistrate who 
IS hereby required to Committ such person or })er8ons to y* Custody of 
the Provost Marshall or his Dep'^ untill they shall find good and Suffi- 
cient Security for their Appearance at the next Generall Court then fol- 
lowing to answ' to such matters as Shall be Objected against them 

The Secretary haveing by our Ord' Had before this Board a Report of 
y® Reasons on which the Government made and passed the I^aps ai^ to- 
gether with a Coppy of y* said act and the severall Orders of the Coun- 
cil {lasst in relation thereto. 

It is Ordered by this Board that the Secretary do draw up the same 
fairly in our names and sign it by our Order and send it home to y° L** 
proprieto" by the first Oppertunity 



North Carolina sh 

Att a Council holden at the house of Cap' Sanderson July 28"* 1715 

Present the Hon*»»^ Charles Eden Es<i' (iov' Cap' Gen" Adm" 

rNath Chevin 1 

W- Recti 
C Gale 



The Hon"- I 



> Es([' I^s prop'" Dep'^" 



T Knight 

It is Ordered by this Board that for the l)etter Conveniency of people 
passing and repassing thro' the Country a Good and sufficient Ferry be 
duly kept and attended over piquimons river from M" Annie Willsons 
to Jame.s Thickpenn^s and that M" Wilson do keep y* same and that no 
other [Kirsons presume to Ferry over any horse or men within at least 
five miles either above or below that place 

Ui)on Petition of Cap'" Sanderson Ordered that the Dortcskite Indians 
be Summoned to appear at the Next Council and y' in the mean while 
John Jones do forbeare to burn any Lightwooil on y* same Land 



[B. P. R. O. B. T. Virginia. Vol. 14. p. 55.] 



PROCLAMATION FOR TAKING UP PERSONS COMING 
OUT OF NORTH CAROLINA WITHOUT 

PASSPORTS 

Whereas the (jrovernor of North C/arolina hath represented to me that 
divers of the Inhabitants of that Province being apprehensive of an 



COLONIAL RECORDS. 185 



Indian War are preparing to leave the Country whereby the said Prov- 
ince and the Inhabitants that remain therein will become a more easy 
prey to their Enemies and hath thereupon desired that some effectual 
course may be taken for preventing such desertion by prohibiting the 
entertaining any such deserters within this Province I have therefore 
thought fit by and with the advice of the Council to issue this Procla- 
mation hereby requiring all Justices of the Peace, Sheriffs and other 
Officers within the Countys bordring on North Carolina that during the 
present apprehension of danger from the Indians they cause to be taken 
up all persons being Inhabitants of the said Province or of South Caro- 
lina who shall be found coming into any of the said Countys without 
a Passjwrt from the Governor of North Carolina for the time being or 
such persons as shall be appointed by him for granting the same and the 
person or person so taken up to cause to be conveyed from Constable to 
Constable untill they be delivered to some Magistrate with the said Pro- 
vince of North Carolina, Hereby requiring all His Majesty's subjects to 
be aiding and assisting in the execution hereof as they will answer the 
Contrary at their Peril and I do appoint this proclamation to be read 
and published in. all Court Houses and in all Churches and Chappells 
within the Countys aforesaid. 

Given at the Council Chamber the 15*** day of June 1715. in the first 
year of his Majestie's Reign. 

A. SPOTSWOOD. 



[From N. C. Letter Book of 8. P. G.] 



M' URMSTONE TO THE SECRETARY 

North Carolina June 12**" 1716. 
Sir 

I was favoured with yours of Dec' I?**' '^ Cap' Godfrey whom I have 
not yet seen, I believe he'll not be able to come so far up in the Country ; 
he was but 7 weeks on the passage, I fear he is come in a wrong time, 
for, we are in great confusion the cause I have ali'eady given you in two 
letters p' via Boston & Virginia, this comes by South Carolina and if 
the others failed, comes to advise that by an express, sent from thence for 
pur aid, we are informed that the neighboring Indians fell on Good Fri- 
day last upon the Inhabitants, In the South parts of that Government 
24 



186 COLONIAL RECORDS. 



and cut most of them off. After the most barbarous and inhuman Mur- 
ther of some of the principal (viz*) Agents & Trailers ; who they pretend 
had wrong'd 'em. I wonder they should send to us, who refused to 
defend ourselves and had it not been for them, must have been a sacrifice 
to the Enemy and stand still indebted to them for their kind assistance 
in large Sums but equally unwilling to pay or return kindness. If all 
those nations be joyn'd I fear 'twill go haixl with us and them too, those 
are numeroas and a warlike people the English have taught them to beat 
their Masters. There have been here a Body of Strange Indians on our 
borders some say 40 or 60 but now we hear upwards of 200 They have 
pitched their Camp in that part of the Tuskaruroes Country vacated by 
the late Warr, seized on a Fort & Trenches which cost as much blood 
and not demolish (like Wise Soldiers that we are) they may annoy us but 
not to be subdued, we have a small body to go out 200 p' Tributary 
Indians 150 are bound for South Carolina and the rest to speak with 
these Indians, and I fear shall catch a Tartar they have committed some 
hostilities against our tributary Indians, and if we attack them let the 
success be what it will, Tis more than probable we shall bring 'em upon 
ourselves and when joyn'd by their followers will finish tlie ruin of this 
wretched place, but I must not complain either here or in England, I've 
had reason too much God Knows for't and you made the same answer in 
effect that I have often received from this Gentry : if you compare former 
letters you'l easily guess at my Circumstances. My complaints have been 
communicated to the proprietors who are highly incensed against me, and 
have represent^l me as a Spy to the country I live in, and now I am 
treated little better unthankful Ijords, but far more ungrateful vassals 
our Quaking Lords Danson & Ray were mightily offended with a letter 
of mine to them, which they say I had better let alone except I had 
written more like a Missionary : they may and ought to be ashamed of 
their famous Country, they would have all men do as Lawson did write 
whole Volumes in praise of such a worthless place: he has had his 
reward : all I can say to it is ; there is not the like to it under the sun. 
Siberia in Muscovy are outed one by this : but if I know the Circum- 
stances or the people I am of opinion this Heptarchy cannot stand long. 
For Gods sake use your endeavors with tlie Society to advance one 20 
and send me credit for the same at Barbadoes or Boston. Your best way 
of sending to me is by way of New England order yours to l)e left with 
or under care to Jno Jekyl Es<i Collector of the Customs at Boston — 

these are froin Sir 

Your most humble servant 

JOHN URMSTONE 



COLONIAL RECORDS. 187 



M' URMSTONE TO THE SECRETARY. 

North Carolina June 21"* 1715. 
Sir 

Yours of December 17*"* "^ Cap* Godfrey I rec* 10 days ago by which 

I understand I must not expect any addition to my Salary 'tis true I am 
allowed more than most Missionaries but then it ought to be considered 
that my Lot is such a Wretched Hole as is not to be parell'd, my circum- 
stances very mean, a numerous family, obliged to buy house land servants 
and stock at the worst hand besides abundance of necessaries which every 
one must have that will live here, everything that is useful to a Farmer 
with Tools for divers trades and he that cannot use them himself must 
have others, whose demands are very exorbitant especially of me : The 
fete of most Clergymen. We pay 5 or 6 hundred p' C* for all goods 
imiK)rted 20£ ^ A"' sent in English goods yearly would have been of 
more service than my whole income, at the rate I have been forced to part 
with it, the Country will never be brought to make any provision for a 
Minister; they have all in general imbibed a Quaker like abhorrence of 
Hirelings, as averse to be at any charge in the saving of their souls as 
their Country ; praying and fighting they equally dislike which are at 
this time like to prove pernicious tenets for we are nowe in more danger 
of being destroyed or driven out by the Heathen. I suppose you will 
have the unwelcome news 'ere this arrives of the loss of a great part if 
not all South Carolina, if all the neighboring Indians be joyned, the 
Inhabitants cannot withstand them, all endeavours have been used to send 
them some help, but fear our men will be attacked by the way, for the 
Indians arc coming down upon us, have cut oif some of our frietodly 
Indians at Cape Fare, a small party liave been seen within our Govern- 
ment so that we have too much reason to fear the worst. GckI knows 
what account my next may bring. I l)eg of you recommend us all to 
the pnivers of the Society and believe me 

Sir 

Your unfortunate poor Fr* 

J URMSTONE 



[B. P. R. O. B. T. Proprieties. Vol. 30. p. 424.] 



To the Right Hon"* the L'*' 

Com" of Trade & Plant" 
My Lords & Gentlemen, 

The inclosed T^etter from Carolina to the R* Honourable the Lonl 
Viscount Townshend, having been laid l)efore the King, I am ordered to 



188 COLONIAL RECORDS. 



transmit the same to you, & to signify to you His Majesty's Pleasure 
that you do forthwith enquire into the State of that Province, & under 
whose directions it is at present, & report your opinion on these jwints, 
as also of what you may judge may be the most proper and speedy 
Method of assisting and supplying them under their present Necessity. 
For your further Information in this matter, I herewith transmit to you 
a Letter I have received from Col : Spots wood Lieut : Governor of Vir- 
ginia ; w*"** being on the same Subject, I thought it injght be of use to 
you touching your Inquiry in this Matter. I am 

My Loixls & Gentlemen 
Your most humble & 
most obedient Servant 

JAMES STANHOPE. 
Whitehall 
July 7^ 1715. 



[B. P. R. O. B. T. Proprieties. Vol, 9. Q. 47.] 



LORDS PROP" OF CAROLINA TO LDS. OF TRADE 

8 July 1715. 
My Lords. 

We receiv^l Letters two days ago from Carolina, which give us an 
account of the deplorable Condition his Majes*^'' Subjects in that prov- 
ince at present are in, by an Invasion the Indians have lately made upon 
them, who have exercised the greatest barbarities in torturing to Death 
most of the British Traders That were amongst them ; And the case 
seems to be the worse, because it does not proceed from any provocation 
given to them as we are informed but it is the Opinion of that Country, 
that all the Indian Nations amounting to ten thousand in numl)er have 
combined to ruin, if they are not in time prevented, all the British Set- 
tlem** on the Continent of America, to which Carolina is a Frontier. 
We the proprietors have met upon this Melancholy occasion and to our 
great Grief find that We are unable of Ourselves to affoixl suitable aasis- 
tance in this Conjuncture, and unless his Majesty will graciously please 
to interpi^se l)y sending Men, Armes, and anmiunition we can foresee 
nothing but the utter Destruction of his faithfull Subjects in those parts. 
The Hon**** Charles Craven Escj", Our Governor of South Carolina has 
behaved himself as a man-of his quality ought with the utmost Bravery 



(COLONIAL RECORDS. 189 



and to his Conduct it is oweing^ that the Country is not already taken 
by the enemy. We would most willingly give at our Boanl sufficient 
Security to repay to the Government such sums of money as shall be 
expended u{K)n this necessary occasion, if some of our members i>articu- 
larly his Grace the Duke of Beaufort, and the Right Hon"' the Lord 
Craven couM by reason of their Minority be bound Whatever assistance 
is by his Majesty's Gomlneas afforded, we hope may Ixj speedily sent, We 
retain one ship on purpose to carry armes, and others shall we procure 
to go at a Days warning. We have consulted General Nicholson who 
has commanded forces against these Indians and he gives in the follow- 
ing estimate as necessary for the Defence of the Province, viz* three 
hundred barrels of powder fifteen hundred Musquets with Bayonets two 
thousand Cutlasses, forty Cohom mortars with hand Grannadoes Co" 
Nicholson is likewise of opinion, that it will be highly necessary, that 
all his Majesty's Subjects in the several Colonies upon the Continent be 
by proclamation prohibited to sell any Armes, ammunition &c to the 
Indians and that the French and Spanish Ministers may be desired t-o 
give the same Directions to their respective Colonies in those parts. All 
which is recommended to Your LonLshii)s Wisdom, and we intreat Your 
Ijord** to make a Report to the Secretaries of State Or Council as sixm 
as You can conveniently. 

We are My IjohIs 
Your Lord** 

Most ol)edient 

Humble 8er\'ants 

CARTERET Palatin 



JAMES BERTIE for Beaufort 
J COLLETON 



S* James's July the S*** 1715 
Since this was wrote We 
have received from Your 
Lord** a L" and shall Ix? 
ready to attend You, on 
Monday morning next, if 
it suit with your Tx)rd** 
Business or any other Day 
that You shall apjwint 



(Endorsed) 

July \ 
Read 12*^ Do j 



Rec'* ll"- Julyl.^.. .. ,- 
adl2»^Do r^^'' ^^^ 



190 COLONIAL RECORDS. 



[B. P. R. O. B. T. Vol. 6. New York. Bdle. 4.] 



. COLONEL HEATHCOTE TO LORD TOWNSEND 

Manor op Scarsdale July y* 12* 1716. 
My Lord 

I am sorry that what I foretold in ray private letter to your Lordship 
in March past proves a truth, as that the French had for some time & 
were then with great diligence laying their designes with the help of the 
Indians, on the first breach, to cutt off & lx>conie masters of these parts 
of his Majesty's empire, & gave your Lordship my reasons for being of 
that opinion. It will be altogether needless to trouble your Lordship with 
any duplicate of that letter, because I sent the same by two several con- 
veyances & doubt not of its having come to hand. The perticular accounts 
of the Callamitys of Carolina your Lordship will undoubtedly have had 
from the Governor there, with much greater exactness then I can pretend 
to do it, but 'tis very certain that all those }X)or people are drove from 
their settlements into Carlestown and other fortyfied place and there starv- 
ing & in great distresse, nor have I yet heard that the Governments of 
this Continent have done anything for their relief & assistants. Besides 
the flames w"**" have broke out in those parts, the fire is beginning nearer 
us ; the French haveing as I am credibly informed, enter'd our Ononda- 
goes wuntry, with intent to build a fort there, & cutt off our trade & 
communications with the Five Nations of Indians. Had they not very 
good assurances of debauching our Indians they would not have made so 
lyold an attempt. What steps are taken to prevent the mischievous conse- 
quences of it your Lordship will undoubtedly receive by this vcssell, w***, 
haveing been for sometime out of town, is unknown to me; but that 
I might not be wanting tho' at this distance to do what good I could, I 
sent Coll Hunter our Governor my thoughts by letter, of w*** the enclosed 
is copie. I have as yett received no answer from him, so don't know what 
conclusion he has drawn upon it, and the Man of War talking of sayl- 
ing this week, durst not adventure to stop this longer. If anything should 
be resolveil on upon it, here and afterwards att home, what ever directions 
are given to the severall Governments, it must be done in so full a man- 
ner that they may not dare to disput<^ His Majesty's orders; of w°** we 
have formerly had examples enough. For when in King William's time 
the war lay wholly (m this Province & Coll. Fletcher then our Governor 
obtain'd an order from His Majesty for Virginia, Maryland, Connecticut 
& other Govern™** to send men & money for our assistance*, they all of 
'em found ways to evade it ; & the French who were no strangers to our 



COLONIAL RECORDS, 191 



Constitution, were always so crafty, as not to suflf'er their Indians to make 

war on more than one Province or Collony at a time ; & the others were 

so besotted, as allways to sit still. For when the French for many years 

pressed our Frontiers, our neighboring Government of Connecticut, whose 

towns lay as much ex{)osed & seemingly as much danger as ours, being 

unmolested, they refused giving any assistance, & could patiently bear to 

see our ^ttlement destroyed & people murthered, & when towards latter 

part of the war our Indians & those of Canada had agreed not to molest 

either of the frontiers, then the French made war on Connecticut, & we 

as kindly refused to assist them & satt quiett while their towns were cutt 

of & layM in ashes, & abundance of their people kill'd & tortured : & 

after this unaccountable managem' on our side, the crafty French, who 

are but a handfull in comparrison of the English, on this Continent have 

generally out done us. My Lord, did I not appprehend our danger to be 

very great, & his Majesty's subjects here on the brinke of mine, by w*** 

meanes these vast countreys, w*** in time would become by much the most 

vallewable Jewells belonging to the Britisli crown abroad, will be lost and 

destroyed, & yet the designcs of France are very near being ripe for our 

ruin, I would not have presumed to have been thus troublesome to your 

Lordship, for w"* I do very heartily ask pardon begging leave to assure 

your Lordship that I am with all imaginable r^ard. My Lord 

Your Lordships most obedient 

humble servant 

CALEB HEATHCOTE. 
The Right Hon*'*' the Ijord Viscount 

Townsend His Ma*^* Principle 

Secretary of State. 



[B. P. R. O. B. T. Peoprieties. Vol. 9. Q. 48. J 



LDS. PROP" OF CAROLINA TO LDS OF TRADE. 

15 July 1715 
My Lords 

We received your Lordships letter last Night And in Answer to the 
several Questions therein proposM to us by your Lord** We say 

1"* That we have given Orders to the government of South Carolina, 
immediately upon the Receipt of our Jjctters to imploy such goods and 
Eflfects as Our Receiver has in his hands (which we conceive may amount 
to near two thousand pounds) towards procuring arms and ammunition 
for the Defence of that Grovemment 



192 COLONIAL RECORDS. 



2* That the i\.ssembly did send in May last to the Value of two thou- 
sand five hundred pounds to New York, New England &c for the pur- 
chasing of arms and ammunition to inable them the lyetter to defend 
themselves against their Indians Enemies, that whatever effects, we have 
from thence lately received, shall be as soon as may be desix)8M of and 
the produce thereof apply 'd to the publick Use of the province. There 
is a vessel lying in the River and now ready to sail with our orders, of 
about one hundred ton Burthen and that others will be sailing in a very 
short time after 

3"* If his Majesty shall Ik? Graciously pleaseil to send his Royal Onlcrs 
for any men fn)m his Majesty's Garrisons in North America, We do not 
doubt, but the Government of Carolina will send ships and Provisions 
for their Transportation. 

4"* That it is humbly submitted to his Majestys great Wisdom , What 
sum of Money his Majesty will be pleased to grant for our assistance 
And great care shall be taken when the province can be resettled, that 
the same shall be repaid from the EflFects and produce of the country as 
soon as may be 

5"* If the Lords who are not Minors should surrender for themselves 
that would give the King no better Title than he has already, for the 
Title of the Miners wou'd still subsist. x\nd that in case the monev 
advanced as aforesaid by his Majesty shall not in a reasonable time be 
repaid. We humbly conceive his Majesty will have an Equitable Right 
to take the Government int<j his immediate proteilion. That the Pro- 
prietors have continually supported and defended the Government when 
attack'd by the French or any other Enemy. That neither his Majesty 
nor any of his predec^essors have ever l)a»n at any Charge for the sup- 
porting or defending the province of Carolina from the first grant thereof 
to the proprietors, which is about fifty years ; And the proprietors hoi)e 
when this War is over, his Majesty will never have any further trouble, 
for any Charges or any expenses whatsoever. We are 
My Lords 

Your I^)rds'* 

Most olx^ient and 

Most humble Servants 

CARTER Palatin 
8t James's M ASHLEY 

July y« 15"^ 1715. T. CH3LLETON 



J DANSON 



«^} 15 July 1715 



(Endorsed) 



COLONIAL RECORDS. 193 



[B. P. R. O. B. T. Journals. Vol. 25.] 



Whitehall. Friday July 8*^ 1715. 

At a Meet« of H. M. Com" for trade & Planf 

Present 
M' MoJesworth M' Chet^wynd 

M' Cokburne M' Cooke 

A letter from M' Sec. Stanhope of the 7"* inst. transmitting to the 
Board two letters one from M' Craven Gov' of Carolina dated 23"* May 
last the other from Col. Spotswood Gov' of Virginia dated 27"* of same 
month relating to Hostilities committed by the Indians in Carolina was 
read together M' Craven's and Col. Sjwtswood's said letters; thereupon 
a letter was immediately writ to the Lords Proprietors of Carolina 
inclosing copies of the last mentioned letters and signifying this Board's 
desire of an opportunity to discourse with them thereupon any morning 
the next week that their Lordships shall appoint. 

July 13"* 1715. 

The Lord Carteret one of the Lords Proprietors of Carolina coming 
to the Board with M' Kettleby, M' Johnson & M' Shelton the letter 
from M' Sec'^ Stanhope of the 7"* inst. mentioneil in the Minutes Of the 
8"* referring to the Board two lettei-s one from M' Craven the other from 
Col. Spotswood relating to an Insurrection and Hostilities committed by 
the Indians in Carolina was again I'ead, thereupon the Lord Carteret 
acquainted the Board that the Lords Proprietors had petitioned his Maj. 
for some assistance towards the preservation of the said Province which 
they are unable to support of themselves, the minority of two of the 
Proprietors making it impossible to raise money by mortgaging their 
Charter that their Charter will be a virtual security for what His Maj- 
esty shall please to advance them in arms ammunition & other necessarys 
for the defence of the Province tho' it will not be so to any private per- 
sons That besides what is mentioned in the Lords Proprietors letter of 
the 8"* inst. they were informed that six small field pieces or rather some 
Harquetusess were necessary to be sent as soon as possible and his Lord- 
ship desired the Board would please to represent to his Maj. the ex- 
tremities to which the Colony is reduced and what his Maj. may fitly do 
for their present relief. 

M' Johnson observed that tho' Carolina is at present under Propriet" 
it is a frontier to the Colonies under his Maj. immediate government and 
25 



194 COLONIAL RECORDS. 



therefore he hoped his Maj. would please to send the supply of Arms &c. 

as desired 

The Board then desired ray Lord Carteret would please to let them 

have in writing any further particulars he should necessary to move his 

Maj. for on this occasion 

July 14*M715 

M' Sec. Stanhope came to the Board who had some conference with 
him in relation to the present state of Carolina and the relief to be given 
to that Province upon the invasion and hostilities committed by the 
Indians after which the Lord Viscount Townshend coming likewise to 
the Board he acquainted them that the Lords of His Maj. Cabinet Coun- 
cil desired their attendance at his Lordship's OflSce, Whereupon the 
Board went accordingly & being returned a letter was immediately writ 
to the Lords Proprietors of Carolina with several Queries for their 
Answers in writing tomorrow morning and desiring their Lordships will 
please to come to the Board at the same time 

Ordered that M' Banister, M' Byrd and M' Shirrif be desired to 

attend the Board tomorrow morning 

July 15*^ 1715 

The Lord Carteret and M' Asheley two of the Lords Proprietors of 
Carolina coming to the Board as desired, a letter from their Lordships 
in answer to the Queries sent them yesterday relating to the present con- 
dition of that Province and relief to he sent them was read and their 
Lordships entering into conference thereupon the Lord Carteret was 
pleased to say in relation to the 2"** Query, tliat the eiFects they had lately 
received from Carolina were rice and might be disposed of for about four 
hundred pounds sterling which they were willing should be applied to- 
wards paying (for the arms now proposed to be sent. That 1500 or even 
1000 musquets cannot be immediately furnished here but by his Maj. 
office of Ordnance & if the Government think fit to give them credit on 
this occasion their said eflTects will be so far a security towards the pay- 
ment of them. That they are not sure of being supply'd with arms and 
ammunition from New England & New York &c. to which places the 
Assembly of Carolina have sent the value of 2500 pounds as mentioned 
in their Lordships Answer to the said 2* Query and therefore they desire 
credit from his Maj. who will always have an equitable demand on the said 
Propriet" and have that influence over their charter which no private per- 
son can nor for that reason will any such persons lend money upon the 
said charter His Lordship being then asked if Carolina was not already 
indebted to Virginia for assistance upon a former occasion He said it was 
but he knew not exactly how much However he did not doubt but that 



C0L0»;AL records. 195 



they Rhould make Virginia amends and likewise he able after the present 
exigence to repay His Maj. and the public what should be now advanced. 
His Lordship hereupon took notice that Col. Spotswood acted prudently 
as Gov. Virginia in sending assistance formerly to Carolina it being bet- 
ter to fight an enemy at a distance than within his own Governm* As to 
provisions the liords Proprietors were of opinion there would not be 
occasion to send any to Carolina from hence. 

In relation to the 3"* Query it was observed to the said Proprietors 
that Transport ships to be sent from Carolina to fetch what men his Maj. 
might think fit to order for Carolina from any of the Northern Colonies 
would have too long a voyage and come too late for the intended service 
Whereupon the Lord Carteret said that the Proprietors did not desire any 
men but if the King would send some, Merchant ships might be found 
here to transi)ort them bvi (hat (he Proprietors were not able at present (o 
hire Sfueh ships themselves & therefore they pray'd credit from the gov- 
emm' to enable them to do it — It was then desired of them to signify 
what number of men would be necessary — The Lord Carteret said about 
500 would be sufficient But the said Proprietors declaring that they 
expected the Officers who should command the men to be sent from hence 
should be subject to the directions of their Gov' of Carolina, the Board 
took notice of the difficulty that would arise at his Maj. Officers submit- 
ting to the orders of any person not in immediate commission from him 
As to the subsistence of any men to be sent to Carolina the Lords Pro- 
prietors declared they did not doubt but the Province would maintain 
them for the time thev should have occasion to be there. 

In further Answer to the 4**^ Query the Lords Proprietors desired 300 
barrels of powder 1500 musquets with Bayonets 40 Cohom Mortars 
with hand Granadoes and said that the demand for the present service 
would not amount to £5000. 

And upon the 5*** Query relating to their Lordships surrendering the 
government of the said Province, they said they were willtng to do it for 
an equitable consideration and not otherwise. That they thought any 
particular Proprietor surrendering his right would be to advance the 
interest of the rest That their Lordships Ancestors had been at very great 
expense in settling and improving this Colony which in customs on the 
product thereof had been of considerable benefit to this Kingdom there 
being annually produced in Carolina as the Lord Carteret informed the 
Board 3000 tons of rice one third of which is sj^ent in the country and 
the customs on the other two thirds imported here amount to £10,000 ^ 
annum or a greater profit to this Nation if the said rice* be re-exported 



196 CX)LONIAL RECORDS. 



by the returns, fifty thousand deer skins the duties whereof are one thou- 
sand pounds besides great quantities of pitch tar and other Naval Stores 
That their Quit rents amounting to about £2000 per annum that country 
money, are applied to the j>ayment of the Gov" salary which is £300 per 
annum and for maintaining the other public Officers in that Govemm* 
That a duty is raised in Carolina of a penny per skin exported which is 
applied to the maintenance of the Clergy there That in 1707 when Caro- 
lina was attacked by the French it cx)st the Province twenty thousand 
pounds and that neither His Maj. nor any of his predecessors had been 
at any charge from the first grant to defend the said Province against the 
French or other enemies. 



[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 49.] 



TO THE RIGHT HON»*»* Y« LORDS COMMISSIONERS FOR 

TRADE 

(IS"" July 1715.) 
We the underwritten the agent for Carolina and Merchants trading 
thither, beg leave humbly to represent to your Lordships the deplorable 
condition of that Colony and that unless it is speedily relieved it must 
inevitably perish and all his Majestys Subjects there fall a Prey to their 
barbarous Enemys. 

Most of us have great Debts and Effects there, some of us large plan- 
tations and the Loss of these wouM be considerable ; But when we reflect 
upon the Ruine of so flourishing so hopeful a province that has for many 
yeares taken off* so much of our English Manufactures, and brought such 
a large Revenue to the Crown by the Dutys ujK)n Rice, Skins, pitch Tar 
and other Naval Stores & Commodity s imported from thence, and yet 
from the first Settlement of it, not put the Crown to one penny Expenoe, 
When we reflect upon the loss of so many English mens Lives, Persons 
who have always l)ehaved themselves dutifully to the Crown and never 
by any ai^t forfeited their Right as Subjects to a protection and yet are 
now in imminent Danger of being massacred by Savages and perhaps of 
being rosted in slow Fires scalp'd stuck with Lightwood and other inex- 
pressible Tortures. When we reflect upon this general Revolt this con- 
certed Defecation of tlie scv* distant Indian Nations, who never yet had 
policy enough to form themselves into Alliances, and cou'd not in all 
Probability have procee<letl so far at this time had they not been incour- 



COLONIAL RECORDS. 197 



aged, directed and supplyM by the Spaniards at Fort Aiigustin, and 
the French at Moville, and their other Neighbouring Settlements That 
Carolina being the Frontier of all the other English Settlements upon 
the Continent, If that should miscarry all the other Collonys wou'd soon 
be involv'd in the same Ruin, and the whole English Empire, Religion 
and name be extirpated in America. 

These dreadful Considerations, My Tx)rds, supersede our present con- 
cern for particular Lasses and make us apply to your Ijordships for im- 
mediate relief and Assistance against this publicke Calamity. 

According to our best and latest Advices, Our men, who at first were 
successful! against the Indians being at last over fatigued and harrass'd 
with their marches and counter marches in the woods have been defeated 
in two several Engagements, and the Indians have posted themselves at 
Edistow River to the Southward, and at Goose Creek to the Northward, 
in the very midst of our Settlements so tliat Charles Town, the only 
defencible place in the Province is in a manner blocked up and the 
Enemy in the mean time exercises a licentious Cruelty in ravii^ing burn- 
ing, murdering and torturing all before them. 

The Town being fortify'd may perhaps hold out some months but in 
what a miserable Condition must the poor People be, drove from their 
Plantations, imprison'd l)etween mud Walls stifled with excessive heats, 
appressM with Famine, sickness, the Dasolation of their Country Death 
of their friends. Apprehension of their own fate, despairing of Relief, and 
destitute of any hopes to escape. They have indeed sent to New Eng- 
land to buy some arms and ammunition there of which they are in very 
great Want, and the Lords proprietors have sent Order to their Receiver 
to apply all their Eftects in his hands to the use of th^Publick and have 
likewise given Direction that several hundred pounds worth of Goods, 
which have been lately remitted to them here, should be sold and the 
produce thereof immediately sent back towards their Assistance These 
indeed are great Instances of Grenerosity and Goodness in their Lordships, 
but the Enemy is above twelve thousand strong, plentifully furnished 
with arms, ammunition and provisions and assisted by the French and 
Spaniards as we have reason to apprehend and the English not above 
two thousand able to bejir arms their negroes not above sixteen thousand, 
some of which might be armed in our Defence if we had any arms to 
supply them withall. But in that too there must be great Caution used, 
lest our Slaves when arm^ might l)ecome our Masters. 

See this Exigency therefore We have nothing left to do but t4) throw 
ourselves at his Majesty's feet on the l)ehalf of that distressed province 




198 CX)LONIAL RE(X)RDS. 



humbly praying by your Lordships. Mediation, that some men arms 
and ammunition may immediately be sent to their Rescue Immediately, 
or else it will he too late. 

What Quantity of arms and ammunition vnll l)e sufficient has already 
been laid before your Ix)rdships in an Kstimate made by Gen* Nicholson, 
We think some Harquebu&ses and Deakes shou'd be added, besides what 
the General has mentioned because actx>rding to our last accounts, there 
will be a necessity of erecting Forts near the out settlements for our 
future Security. 

There is a Ship now lying in the River calPd the Industry of one 
hundred tons Burthen, John Woddin Comander; ready to sail to Caro- 
lina, and only stays at our Request for the imediate transportation of 
such Arms and amunition as his Majesty will graciously please to furnish 
us withall. 

This with some new assunuices of a speedy Reinforcement of men, 
may, we hope, encourage them to hold out a little longer but if this ship 
shou'd go thither in Ballast and bring them nothing more solid than 
words or [)romises of Assistantxj, We are apprehensive. Despair wou'd 
suggest to them that their Miseries tho known here, were not duly 
r^arded, and that there was no Prosi)ect of any timely Relief, and that 
their only Way was at once to desert the Province and each shift for him- 
self. What the cx>nsequences of this wou'd be to all America, we leave 
to your Lordships Consideration. 

As for the numl)er of men we think eight hundred will be at least 
sufficient and that they need not stay there longer than eighteen months. 
In that time our out ports may l^ made defensible and our savage ene- 
mies pretty well ^reduced the Country reestablished and the Planters 
inabled to reap the fruits of their labours and if there should be any 
farther Occasion for them we hope the Country by that time may be in a 
condition to subsist them. It will be impossible for the Country so 
impoverished at present to do anything towards paying or subsisting the 
soldiers but if they are supply'd hence with a sufficient Quantity of meal 
there can be no want of other provisions All Parts of the Country 
abounding with Plenty of the best sorts of Flesh, Fish, and Fowl. 

What Number of Ships will be sufficient to transport these soldiers 
thitlier we must submit to your Lordships judgment. We humbly appre- 
hend that it will be proper for his Majesty to order a Proclamation to be 
published in all the English Colonys prohibiting any Person under Pen- 
alty of Death to furnish the Indians that now are, or hereafter shall be 
at war with us with any manner of warlike Stores, Guns or Gunpowder 



COLONIAL RECORDS. 199 

^ 



My Lords nothing but the utmoet Expedition can save us and besides 
the immediate Exigency of our Circumstances, this is now a proper Season 
for Voyages to those Parts We return your Lord*" many thanks for the 
great Concern your Lordships have expressed for the sufferings of his 
Majesty's Subjects, and your hearty Inclinations to have them speedily 
relieved; We desire your Lordships to represent these things effectually 
to his Majesty and to do what lyes in yonr Lord" Power to have those 
Succours immediately sent which will be an act of Humanity as well as 
justice, and put all persons who have any Interest in or wish well to 
America, under the highest Obligations of Gratitude to your Lordships, 
and in a most particular manner 

Your Lordships most humble servants 

ABEL KETELBEY 
JOSEPH BOONE 
M SAMUELE BARON STEPHEN GODEN 

MICH COLE H WIGGINTON 

JOHN LLOYD RICHARD HIGGINSON 

JOHN PAYNE ^ JAMES CRANE 

JOHN BELL * DAV GODIN 

W WRAGG PHILL WOODWARD 

JOSEPH WRAGG DAVID GUIRARD 

EDWARD CRISP ANDRE BOW 

GEO LIVINGSTONE JOHN METCALFE 

W» NEWBURY. SAM' PICKERING 

ROB' JOHNSON 
AND PERCIVALL 



(Endorsed) 
.g^^} 18- July 1715 



[Council Journal.] 



Att a Council holden at y* Hon*'** the Governo''" house at Sandy point 

Present The Hon*'** Charles Eden Esq' Gov' Capt Gen** & Adm** 

r Nath Chevin ^ 



The Hon*'*- { X^"-^i 

Chris Gale 

^ T Knight 



> Escj' Lds prop*" Dep'^' 



J 



200 COLONIAL RECORDS. 



Ordered that a proclamaoon be Issued out for y* Afssemblys meeting at 
Cap*" Richard Sanderson in Little River instead of the Church in 
Chowan which was the place of y* last meeting 

The Governo' haveing made known to this Board that the Core 
Indians have made a Revolt and Dangerously wounded one of his Maj** 
Subjects named Robert Shreive. It is y* Opinion of this Board that 
the said Action is a violation of the peace lately made w*** y* said Indians 
and that proper measures may and ought to be taken for the Entire 
Destruction of y* Said nation of Indians as if there had never been a 
peace made with them and for the Security of Nuse river it is the further 
Opinion of this board that the Tenn Troupers with as many Indians as 
y* Governo' shall Judge necessary to be allowed for y® Garrison at Co" 
Brices to Range upon y* Frontiers and to he in a Constant readiness 
upon any alarm y* shall be made. 

George Tompson haveing preferr'd a petition to this board setting 
forth his qualliiications fitting himselfe for a Pilot of Ronoak Inlett and 
praying he may be appointed to that trust This Board haveing Exam- 
ined the said Thompson and finding him very Well acquainted with tliat 
Inlett and that he has Fitted himselfe with a good Boat and Two able 
young men to attend y* said Business have 

Ordered that the said George Tompson Ixi appointed Pilot of Ronoak 
Inlett and that no person else for hire presume to Pilot any Forreign 
Vessell from y' Inlett without having first passeil his Examinacon before 
this board and have a War' froui y* Governo' for that purpose as they'l 
answer y* Contempt at their perrills 



[From North Carolina Letter Book of S. P. G.] 



THE SECRETARY TO MR COMMISSARY JOHNSTON. 

September 16. 1715 
Reverend Sir 

* * * * 

I am directed to acquaint you that the Soc^iety have lately received a 
T^etter from Governor Eden dated from North Carolina complaining of 
the great want of a good Missionary to officiate there, there being but 
one Missionary Viz' M' Urmstone in all that Government 

The Society have considered thereof and being of opinion by the ac- 
count they have received from your parts that several of the Parishes in 



COLONIAL RECORDS. 201 



South Carolina where Mis8ionarie8 have been sent are totally deserted and 
not likely to be soon settled again they have thought fit to order that 
you with the advic« and approbation of the majority of the Missionaries 
do ap{)oint one of your number (a single man and one who has been 
obliged to leave his Parish) forthwith to repair to and officiate as the 
Society's Missionary in North Carolina of which you will inform the 
Society by tlie first oppertunity ; so wishing you all a happy deliverance 
from the troubles you lye under 

I am <&c 

W. T. 



[B. P. R. O. Proprieties. B. T. Vol. 10. Q. 57.] 



MEMORIAL FROM M' KETTLEBY AND SEVERAL MER- 

CHANTS TRADING TO CAROLINA RELATING TO 

SOME INDIANS TRADING GUNS PREPARING TO 

BE SENT FOR VIRGINIA-, WHEREWITH THEY 

APPREHEND Y« INDIAN ENEMY 

MAY BE SUPPLY ED. 

The Right Honourable the Lords Commissioners of Trade and Planta- 
tions. 

We the Agents of Carolina and Merchants trading thither, begg leave 
to acquaint your Lordships that We have an Account of several consid- 
erable Quantities of Indian trading guns, which are l^espoke and ordered 
to be got ready for Virginia 

Though we cannot in Justice and Gratitude but acknowledge the hon- 
orable Behaviour of the Governor of Virginia and his readiness to assist 
our Province Yet we have too much Reason to fear that their private 
Indian Traders will have more regard to their own gain, than the security 
of their distressed Neighbors, or the Publick good : and will endeavour 
to make their advantages by selling arms and ammunition to our Indian 
Enemies, who according to our last accounts, l)egin to want a supply 
thereof. 

Whether the Governour by his own Authority, without any directions 
from his Majesty or your Lordships will or can EiFectually prohibitt the 
Indian Traders from furnishing our Indian Enemias with Gunns or Gun- 
powder We cannot tell ; And therefore humbly repeat our Instancies to 
your Lordships, that such proper Methods may be forthwith taken, as 

26 



202 CX)LONIAL RECORDS. 



your Lordships shall think most conducive to prevent the Virginians 
and other Inhabitants on the Continent, from supplying the Indians that 
now are at warr with Carolina or may hereafter join against us with any 
Gunns Gunpowder or other warlike Stores under the Severest penalties. 

We are the more urgent upon this Head, because the safety of the 
whole Province seems in a great measure at present to depend upon it: 
We have not as yet been able to obtain any relief any arms or Uny men 
from England : Our last advices give us grounds to apprehend, that some 
men, which were ordered from North Carolina to our assistance, are cut 
off by the Enemy and that an Inundation of Indians will fall down upon 
the Settlements, now about the b^inning of Harvest : if so, nothing can 
save us, but their want of Ammunition. 

Your Lordships zeal and Readiness for the relief of Can)lina encour- 
ages us to apply to your Lordships upon this occasion not doubting but 
your Lordships will continue your good endeavours for preserving the 
Province and thereby lay new obligations 
Your Lordships 

Most obedient humBle servants 

ABEL KETELBEY 

W» RHETT JUN' JOHN LLOYD 

RICHARD HIGGINSON SAMUELL BARON 

JAMES DEANE NAT* BRADLEY 

MICH : COLE ROB^ JOHNSON 

HENRY DANREL W" WRAGG 

STEPH: GODIN JAMES KINLOCK 

JOHN STYLEMAN ANDRE BOW 

JOSEPH WREN 

(Endorsed.) 

^} 16'- Sept' 1715 Q 57 



[B. P. R. O. B. T. Virginia Vol., 14. p. 54.— Extract.] 



LIEUT. GOV. SPOTSWOOD TO LORDS OF TRADE. 

24. OCTOBER 1715. 

Virginia October 24'*" 1715. 
My Lords, 

♦ ♦ 3|e * ^ 

^p ^h ^p ^^ ^F ^F ^p 

There are now two Gentlemen come as Agents from South Carolina to 
treat with this Government for a further assistance of Men; but the 



COLONIAL RECORDS. 203 



treatment those already sent have found there has entirely disabled me 
(tho' I were never so willing) to afford them further succours ; for tho' 
the chief encouragement for raising the men here, was the promise of 
that Grovemment to send hither an equal number of slaves to work on 
their Plantations during their absence, yet not one hath been sent, nor 
any great praspect of their being sent at all, so as to do the service 
expected of them: Another condition was that, the Virginians should 
be commanded by their own Officers, and should act in one body, but 
even that also is broke, the Governor of Carolina not allowing of my 
Commissions, and disposing the men into Garrisons remote from one. 
another. And in short almost every one of the Articles are violated, 
and such complaints from tlie men, of ill usage, in respect of the pay 
and cloathing promised them, tliat I am persuaded I could not find one 
man in this Colony that would ingage in that service. And as this body 
of 150. men sent to South Carolina, is the first assistance of that kind 
which I can understand has been given by any of His Majesty's Planta- 
tions here to the other. So I am afraid the great discouragements this 
hath met with will make it the last. And it is the more ungrateful in 
the Government of Carolina to treat our men in this manner, considering 
the signal service they have done them; for while tlie Governor had 
drained all his Garrisons for an Expedition against some Indians to the 
North West, about 700 Indians fell upon the Southern parts of the 
Province, and destroyed all before them, within a few miles of Charles- 
town, but the Forces sent from hence arriving just at that time, immedi- 
ately marcli'd, met with and defeated that Body of Indians; and 'tis to 
them that the preservation of the rest of the Country is owing : but the 
Treatment of the Virginia Forces may be easily accounted for from the 
alteration of the Carolina Affairs, which are not now under the unhappy 
sittuation they were in, when these men were raised ; for since the last 
defeat, tlie Indians appear no more on their Frontiers, and the Northern 
Nations ceasing tlieir Hostilitys and suing to this Government for Peace 
'tis probable the others will soon follow their example. 



I am with all dutifull respect 
My Lords 

Your Lordships 
Most obedient 

most humble servant 

A. SPOTSWOOD. 



204 CX)LONIAL RECORDS. 



[Council Journal.] 



The Hon^**" 



> Esq' Lds proprieto" Dep 



tiM 



North Carolina ss. 

Att a Council holden at y* house of Cap*" Richard Sanderson in Little 
River on Wensday the 23* day of Novein*' Anno Dom 1715 

Present the Hon"* Charles Eden Esq' Governo' Cap*" Gen" & Adm" 

Nath Chevin ^ 
W»Reed 
Chr Gale 
Fra' Foster 
T. Knight 

Upon Petition of Jonathan Scares Setting forth that a Tract of Land 
Lying between Meherring River & Creek was formerly Granted by 
Pattent to Xredle Keeffe is Laps'd for want of setting in Due time and 
prays the same may be granted to him 

Ordered that the same be granted as pray'd for 

Upon Petition of Divers of the Inhabitants of Bath County praying 
a Longer time for the payment of Security of their moneys due for the 
purchase of y' Lands It is 

Ordered that no more Laps pattents be granted out of y* Office untill 
the Twenty Fifth day of June next and that a proclamacon do Issue out 
to give Notice to y® Inhabitants of that County thereof 

The Hon"' the Governo' haveing Laid before this board Some pro- 
posals agreed to between himselfe and Govern' Spotswood relating towards 
Settling the Boundaryes between lK)th Governments It is the Opinion of 
tliis board that y* same is for y* Interest of this Governm* and y* Pro- 
pri" and therefore is highly approved of and this Board doe Request the 
Govern' to signe y* same as soon as may be 

Upon Petition of y® Porteskill Indians Setting forth that they had 
Sold Some small Tracts of y* Land to M' John Jones Isaac Jones & Cap*" 
Richard Sanderson & also y* Lightwood on y* Land to Cap'" Sanderson 
and prays that they may have liberty To Confirm their Titles to y* same 
Land and Lightwood 

Ordered that the said Indians ai*e hereby impowered to make good and 
sufficient Titles to y* aforesaid John Jones Isaac Jones and Richard San- 
derson for Such Lands and Lightwood as they have alreadie sold to them 
provided y® sjiid Lands nor any part thereof doe come within y® Line or 
Boundaries of y® Land formerly sold by the sjiid Indians to Coll W" 
Reed and also that they on no pretence whatsoever doe sell or dispose of 
any more of their Lands nor that any person [)resume to Bargain Con- 
tmct or agree w*** the said Indians for any more Lands without Leave 



COIiONIAL RECORDS. 205 



first had and obtained from this Board for so doing and provided alwayes 
that the said Indians have free Liberty to hunt on any of the said Lands 
so sold as aforesaid without any molestaoon of y* said John Jones Isaac 
Jones Cap*" Sanderson or their Heires or assignes 



[B. P. R. O. B. T. Virginia. Vol. 60.] 



JOURNAL VA COUNCIL 

1 Novemlxjr 1715 

For the lietter and more speedy determination of the dispute concern- 
ing the l)oundar}'s between this colony and North Carolina, it is tlie 
opinion of this Board that it be proposed to the Governor of North 
Carolina to agree that from the mouth of Carratuck River or Inlet and 
setting the compass on the North shore thereof, a due west line be run 
and fairly marked, and if it happen to cut Chowan river between the 
mouth of Nottoway river and Wiccon Creek, then the same direct course 
shall he continued towards the mountains, and be ever deemed the divid- 
ing line between Virginia and Carolina, but if the said West line cutis 
Chowan River to the Southward of Wiccon, then from that point of In- 
tersection, the bounds shall be continued up the middle of Chowan River 
to the entrance of the said Creek, and from thence a due west line shall divide 
the two Governments; as on the other hand, if the said West line cutts 
Black water River to the Northward of Nottoway, the bounds shall be 
continued down the middle of Blackwater, to the middle of the entrance 
of Nottoway River, and from thence the line to be run due West for the 
dividing bounds between the two Governm*" That if the said due West 
line shall pass thro' Islands or small strips of I^and which might more 
tx>nveniently be included in the one Province or the other by natural 
water bounds, the Commissioners of both sides shall have power to set- 
tle natural l)ounds and that all such variations from the West line be 
particularly noted in the Maps of the said Bounds to be put upon the 
Ret?onls of both Governments. 



206 CX)LONIAL RECXJRDB. 



[Laws of North Carolina, MSS. Revisal 1715, Chapter 3.] 



AN ACT TO E^XX3URAGE THE BUILDING OF MILLS. 

Be it enacted by his Excellency the Pallatine and the rest of the true 
and alisolnte Lords Proprietors of Carolina by and with the advice and 
consent of the rest of the Members of the General Assembly now met 
at Little River for the N* East part of the s"* Province And it is hereby 
enacted that if any person or persons shall be desirous to build a Grist 
Mill, either Wind Mill or Water Mill, within this Governm' it shall be 
lawful for the Surveyor General or his Dep'^ by a warrant from the 
Precinct Court to lay out for such person or persons sp desiring to build 
a mill two acres of land for a Water Mill and half an acre for a Wind 
Mill in such manner as for that use shall be most convenient upon or 
out of any man's laud which said land shall be appraised by four honest 
men of the neighborhood appointed by the Precinct Court who shall 
make a true return of their appraisement upon oath to the same Precinct 
Court and the owner of the said land for the consideration money by the 
said Appraisers appointed shall be bound to make a conveyance of the 
same land to him or them that build such Mill or Mills their heirs or 
assigns with liberty of egress and regress to and from the same under 
this condicon and express limitacon and provision that such person or 
persons to whom the said lands shall be conveyed do erect build and 
finish on the land so conveyed a substantial working Mill within the 
term of two years after the date of the conveyance to be void and of 
none effect. 

Provided always that the Court shall first give the owner of the land 
notice of the mocon of any person to build a mill on his land and if the 
owner will give security to build a substantial working Mill on any part 
of his land then the mooon of such person or persons to be rejected. 
And also provided that in the laying out the aforemenconed two acres or 
half acre no person's garden or orchard be injured thereby. 

And it is hereby further enacted by the authority afores"* that whoso- 
ever sliall build such mill or mills shall have liberty to make use of any 
timber for that purpose on any lands adjacent, making full satisfaction to 
the owners thereof and to be appraised as is afore^s*. And it is 
further enacted that all such mills as are or shall Ix? built as afores"* shall 
be deemed Publick Mills and the owner thereof or such as occupy and use 
the same shall be obliged as soon as their turn comes in course or as possi- 
bly they can to grind wheat and Indian (X)rn for all such [)er8ons as shall 
require the same and shall take care that the same be forthcoming 



COLONIAL RECORDS. 207 



again to the owner on demand the lawful Toll only excepted under pain 
of double the value to be immediately levied by a warrant from the next 
Justice of the Peace and paid to the party injured which being well 
ground without any fraud or deceit they shall not have or exact any 
larger or greater toll than one eighth part of wheat and one sixth part of 
Indian corn under the penalty and forfeiture of ten times the value of 
the wheat or CMjrn so brought to the mill, one half to the Poor of the 
Parish the other half to him or them that shall sue for the same to be 
recovered by acoon of Debt, Bill, Plaint or Informacon made to the Pre- 
cinct Court, wherein no injunik)n or wager of Law shall be allowed or 
admitted of. 

CHA. EDEN 
N. CHEVIN 
EDW* MOSELEY C. GALE 

Speaker FRANC FOSTER 

T. KNIGHT 



[Laws of North Carolina, MSS. Kevisal of 1716, Ch. 8.] 



AN ACT FOR ESTABLISHING THE CHURCH & APPOINT- 
ING SELECT VESTRYS. 

This Province of North Carolina l>eing a member of the Kingdom of 
Great Britain ; & the Church of England l)eing appointed by the char- 
ter from the Crown to be the onlv Established church to have Public 
encouragement in it : Wee, therefore, to express our gratitude to the R" 
Hon"* the Society for promoting the christian Religion in Forreign parts, 
and their Zeal for the promoting our Holy Religion by making such 
provisions for the building of Churches & Chappels & maintainance of 
the Clergy as the circumstances of this Government will admitt, Do pray 
that it may be enacted, And 

Be it Enacted by his Excellency the Palatine &c. It is hereby enacted 
that this province of North Carolina be divided into parishes according 
to the Divisions & precincts hereafter menconed that is to say — Chowan ^ . 
precinct into two parishes, to be divided by Albemarle Sound & Chowan \ 

River & shall be distinguished by the names of the Eastern parish of ' 

Chowan & the South West [)arish : Pasquotanck precinct into two parishes 
to be divided by Pasquotanck River & shall be distinguished by the 
names of the North East parish of Pa-^uotanck & the South West ])ar- 



208 CX)IX)NIAL RECORDS. 



ish of Pasquotanck : Perquimins, Carrituck & Hyde to be parishes & 
bounded by the limits of the several precincts: The remaining jiart of 
Pamplico River and the Branches thereof, wmmonly called Beaufort pre- 
cinct to be one parish by the name of St, Thomas parish : And Nuse 
River & the Branches thereof by the name of Craven parish to wliich 
all the Southern settlements shall be accounted a part of the same [)aT*ish 
untill further Divisions be made. 

And Be It Further Enacted by the authority aforesaid tliat there shall 
be a Vestery in each & every of the aforesaid precincts and parishes con- 
sisting of the Ministers of the parish, when any such shall be there resi- 
ident, & Twelve men whose names are hereafter mentioned. 

Eastern Parish of Chowan Precinct. 
The Hon. Chas. Ixlen Esq. 
Col. Edw"* Moseley Mr. Jas. Tarloe 

Cap* Fred^ Jones Capt Henry Bonner 

Maj. Tho* Luten Mr. John Blount 

Cap* Nich : Crisp Mr. Sam* Padget 

Mr. Tho' Bray Mr. Tho' Garrett 

Mr. John Jordan 

So: West Parish of Cliowan Precinct. 

Col. Tlio. Polloc^k John Worley Esq. 

Col. Wm. Maul Mr. Lewis Bryant 

W" Duckenfield Esq. Mr. Jno. Holbrook 

Maj. Rob* West Mr. Rob* Lanier 

Cap* Jn° Bird Mr. Len* Sarson 

Mr. Jno. Hardy Mr. Lewis Williams 

Perquimans Parish. 

Francis Foster Esq. Mr. Henry Clayton 

Col. Maurice Moor Mr. Jos. Jessop 

Col. Jn° Hecklefield Mr. Sam* Phelps 

Thomas Hardy Esq. Mr. Richard Whidby 

Capt. R"* Sanderson Mr. Wm. Kitchmy 

Mr. Ja' Mings Mr. John Stepney 

So : West Parish of Pasijuotank Precinct. 
Nath* Chevin Esq. Mr. Antho. Hatch 

Col. Tho* Boyd Mr. Jonath" Jacocks 

Tobia^s Knight Esq. Mr. Jn° Palin 



(T)L()NIAL RE(X)RI>S. 



209 



Mr. Jn° Jennings 
Mr. Rich'* Wadren 
Mr. Eilra^ Gale 



Mr. W°* Norris 
Mr. Rob* I^>wrv 
Mr. West 



N** Fjiiiit Parish of Pascjuotank. 



Thomas Miller Rsj 
Mr. Jn'* Sol ley 
Mr. Jn° RelfJ 
Mr. Jn° Bell 
Mr. Sam* Bernard 



Mr. Gab' Burn ham 
Mr. Tho' Sawzer 
Mr. Henry Sawyer 
Mr. Alen' S[x»n(Xi 
Mr. Rob* Sawzer 
Mr. Jno. Upton 



Cap* Jn° Norson 

(■orratuek Preeinet Parish. 

Ri^'h** San<lerson Escj. Mr. Foster Jarvis 

Coi; Wm. Reed Mr. Benj. Tull 

W" Sw^ann Esq. Mr. Jas. Sanderson 

Tho: Vandermulin Mr. Jos. Wicker 

Mr. Tho. Taylor Mr. W"' Luffman 

Mr. W"» Wiliiams Mr. W" Stafford 

St. Thomius Parish. 
The Hon"' Cha" Elen Esc]. Cap* Jn*» Drinkwaier 



Col. Christop' Gale 
Tobias Knight Estj 
Mr. Jn° Porter 
Dan* Richardson Escj. 
Mr. Tho' Worsley 

Co* Em* Clecves 
Mr. Jn° Jordan 
Mr. Sam* Slade 
Mr. Rich"* Jes|)er 
Mr. W" Cording 
Mr. Henry Slade 

Col. W" Brice 
Maj. W" HauciK'k 
Mr. Jno. Nelson 
Mr. Jn'* Slocomb 
Cap* Rich** Graves 
Mr. Dan* Mcffarlin 
27 



Cap* Jn** Clark 
Mr. Jn® Adams 
Mr. Patrick Maule 
Mr. To" Harding 
Mr. Jn° Lillington 

Hyde Parish. 

Mr. W"* Barrow 
Mr. Jn° Proctor 
Mr. Rob* Spring 
Mr. Rich** Dane 
Mr. Rich* Harvev 
Mr. Rob* Green 

Craven Parish. 

Mr. Jn^ Smith 
Mr. Jn° Mackey 
Mr. Tho' Smith 
Mr. Jos. Bell 
Mr. Martin Frank 
Mr. Jaco : Sheets 



210 COLONIAL RECORD8. 



which said Vestrymen are to be summoned by the Marsliall or his 
Deputy in each precinct or parish to meet together at the church, chaj)- 
j)el or Court House in every precinct, Or if there l)e none, then at such 
other place as the Marshal shall appoint within forty Days after the pul)- 
lication of this Act; Or if any person or [>ersons api>ointed by this Act 
to be a Vestryman shall fail to meet as aforesaid, u|K)n such summons, 
he & they shall forfeit, & pay the sum of Thrct^ pounds. 

And if the Marshal shall refuse or neglect to summons the Vestrymen 
as is before menconed & appointed he shall forfeit the sum of Twenty 
shillings for every Vestryman not summoned. 

And Be It Further Enacted, by the authority aforesaid that all & 
every person or j)ersons who by this act are ap{K)inteil Vestrymen within 
any parish or precinct within this Government shall on or Ixjfore the 
Easter Monday next ensuing the Ratification of this Act; and all and 
every person who at any time hereafter shall \)e elected a Vestryman or 
become a member of any Vestry within this Government, shall within 
one month aft;er his becoming a Vestryman, or Member of any Vestry 
before some one or more Justice or Justices of the Peace within that par- 
ish or precinct besides taking the Oaths by Law enjoyned make & Sub- 
scribe the Declaration following, viz. I, A. B. do declare that it is not 
lawfull upon any pretence whatever to take up Arms against the King & 
that I will not apugne the Ijiturgy of the Chun!h of England as it is by 
Law established. 

And that all & every j>erson who shall neglect & refuse to do the 
same within the respective times aforesaid shall lye deprived of such his 
place of Vestryman & of being a member of such Vestry to all Intents 
& Purposes, & such places shall he actually void ; & if such i)erson is 
not a know^n & publick Dissenter from the Church of England, he shall 
also forfeit the sum of Three pounds. 

And that from & after such n^lect or refusal it shall he I^awfull for 
the remaining part of the Vestrymen to prcK^eed to the election or nom- 
ination of some other discreet Freeholder of the respective parish, in the 
Room of such persons so n^lecting or refusing as aforesaid. 

And if such person so to be elected in the Room of such person so neglect- 
ing or refusing, shall also n^lect or refuse to make & Subscribe the Declar- 
ation & Acknowledgment in manner & Time aforesaid ; In such cases, if 
the Vestry shall not proceed to elei^tion within one month after such 
vacancy, that it shall be Lawfull to & for the present Incumbent (if any) 
& for want thereof, the Commander in chief of the Government for the 
time being, under his hand & seal to select & nominate a discTeet Free- 



CX)IX)NIAL RECORDS. 211 



holder of the parish in such vacant Room, which person so to be elected 
& nominated, after his making Subscription in manner & time aforesaid, 
sliall bee deemed and taken to be a Vestryman or member of sncli Ves- 
try, as if he had been expressly nominated by the Act. 

And Be It Further Enacted — by the Authority aforesaid that the Ves- 
trymen of every Precinct or Parish, or the greatest part of them shall 
choose two persons who are Vestrymen to he Church Wardens, who 
shall continue in that office one year & no longer, unless he or they shall 
1^ willing, and then two other Vestrymen shall succeed in the same 
office for the next year & so successively, until every Vestryman hath 
serve<l in the office aforesaid. 

And Be It Further Enacted by the Authority aforesaid that if any 
jKirson who shall l)e chosen Church Warden shall refuse to execute that 
Office, without lawfull cause, he shall forfeit and pay Thirty Shillings, to 
l)e levied upon the Estate of the person refusing — by Order of the Ves- 
try or greater part of them, to be disposed of for the use? of the parish, 
u|)on which su(^h j>erson shall l)e excused 'till his turn come again in 
course. 

And the Church Wardens in each respective parish and their Succes- 
sors shall have full [>ower to call the Vestrj^men together & to ap])oint 
the time of their meeting, & in case of their neglect so to do when occa- 
sion shall i^uire, it shall lye Lawfull for three or more of the Vestry to 
do the same. 

And if any Vestryman shall fail to give his Attendance at such time 

of meeting without Lawfull cause to Ire allowed & approved of by the 

* 

Vestry or the greatest part of them, shall forfeit and pay Tenn Shillings 
for every such Default to he Ijcvied & disposed of in manner aforesaid. 
And Be It Further Enacted by the Authority aforesaid, that the sev- 
eral Church Wardens & Vesteries or the greatest part of them shall use 
their best & utmost endeavors to procure an able and Godly Minister 
(jualified according to the Ecclesiastical Laws of England — & a person 
of a sober life & Conversation to be Clerk, & to raise for him or them, 
such Stipends yearly as they shall think ccmvenient, so as such sum or 
stipend for the Minister 1x3 not less than Fifty Pounds yearly ; & that in 
the raising thereof & all other parish charges, the whole do not exceed 
five shillings per Poll on all the Taxable j)ersons in the parish. Pm- 
vided all ways that such Minister for whom such moneys are to be raise<l 
yearly he constantly resident in the parish & do not omit officiating at 
the Church or chappel within the parish alx)ve One Sixth part of the 
Sundays in the year, unless permittcnl by the Church-Wanlens & the 
V^estry to officiate in the Neighboring vadint parishes. 



212 COLONIAL RECORDS. 



And Be It Further Enacted by the Authority aforesaid that the Church 
Wardens & Vestrymen, or the greatest part of them, in each respective 
precinct or parish aforesaid & their successors forever shall have full 
[K)wer and Authority to purchase Land for a Glebe to build one Church 
& one or more Chappels in every respective precinct or parish aforesaid, 
as they or the greatest part of them shall think necessary, & the same as 
often as need shall require to repair & also to provide and take care to 
satisfie and pay all Parochial Charges out of such Gifts, Goods, & Chat- 
tels as shall come to their hands for the Church or parishe's use, towards 
the payment of which [parochial charges all the Fines & Forfeitures of 
this Law incurred shall Ix? I^evied by the Church-Wardens in each 
respective precinct or parish & by them accordingly applied. 

And Be It Further Enacted, by the Authority aforesaid that for tlie 
defraying or paying whatsoever charges shall or may from time to time 
arise by force of this A(*t, or which shall properly l)e a |)arish charge, 
althonot menc^ined in this Act. It shall & may l>e liawfull forthesev- 
eral Church Wanlens and Vestrymeu or the greatest jwirt of them & their 
successors in every resj)ective prwinct or parish aforesaid to raise & levy 
money by the Poll so as the same do not exceeil Five Shillings by the 
Poll p' Annum : which sum or sums of money so laid ecpially by a Poll 
tax, shall after Twenty davs notice* jciven by the ('hurch- Wardens to the 
parishioners be |)aid by the time appointed for the payment thereof, either 
at the Glel>e-Chun*h, chapj)el, or at such other pla«* as by the Church- 
Wardens shall be apj)ointed, under the Penalty of Double Distress to Ik* 
made by the Church- Wartlens on the Goods of such person refusing or 
n^lecting to bring the same by the time appointe<l. 

And Be It Further Enacted, by the Authority aforesaid, that the 
Church Wardens of every precinct or parish aforesaid shall take due care 
& order that all such sum or sums of money as Vestry shall order & 
appoint, be duly raised & apply ed & payed to such uses as by the said 
Vestry shall l)e direc^ted for which the Church-Wardens shall be allowed 
on their Acct' the sum of Three p' c^nt & no more. And if any Church- 
Warden shall refuse or neglect to perform his duty themn he shall be 
obliged to make good and pay all such sum and sums so orden»d by the 
said Vestery to such person or jXTsons as should have had the same had 
the taxes been duly levied & paid excepting Insolvents. And to prevent 
Illegal & Unlawfull Marriages not allowable by the Church of England 
but forbidden by the table of Marriage 

B<» It Enacted by the Authoritv aforesaid that no Minister, Prii»st, or 
Magistrate (who is hert^by impowered to join |M'i*sons together in Mar- 



COLONIAL RECORDS. 213 



riage in such parishes where no Minister shall be resident,) either upon 
License, or after the persons intending to marry have had the Banns of 
Matrimony published Three times by the Clerks at the usual place of 
celebrating Divine Service, by affixing such their intentions at the Court- 
House door two distinct Courts, shall presume to join together in Mar- 
riage any persons whatsix^ver contrary to the Table of Marriages which 
the Church-Wardens & Vestry are hereby to cause to set up in ail 
Churches & Chappells under the Penalty of Five Pounds : Nor shall 
any {)ei*sons forbidden to intermarry by such Table of Marriages pre- 
sume to l)e joinetl togetlicr in Marriage under the like Penalty of Five 
Pounds: & that no Lay person, in any parish where a Minister or Priest 
is resident shall join any persons in Marriage under the Penalty of Five 
Pounds: One Half to the Parish for tlie Use of the P(K)r & the other 
to the Minister resident or incuml)ent ; And that it shall & may l)e I^aw- 
full for every Minister to take & recreive of every |H»rson or |K»rsons by 
him married the sum of Five Shillings & no more. 

Pn)vi<led such j>ersons (x»me to the Parish CJhurch or Cliap|K»l at Time 
of Divine Service, for Solemnizeing such Marriage. 

EdW* M08ELKY CHAS: EDEN 

Speaker. N. CHEVIN 

C. GALE 
FRAN- FOSTER 
T. KNIGHT 



[Laws op North Carolina, M88. Revtsat^ 1715.] 



AN ACT RELATING TO THE BIENNIALL AND OTHER 
ASSEMBLIES AND REGULATING ELECmONS 

AND MEMBERS. 

Whereas His Excellency the Palatin and the rest of the true and abso- 
lute lA)rds Proprietors of Carolina haveing duly (considered the Privi- 
ledji^es and Immunities wherewith the Kingdom of Grcjit Britain is 
inducetl and beins: desirous that this their Province* may have such as 
may thereby enlarge this Settlement and that the frequent sitting of 
Assemblies is a principal safeguard of their peoples Priviledges have 
thought fit to enact. 

And Ih* it enacte<l by thesai<l Palatin and Lonls Propriet4)i*s by and with 
the advice and consent of the present Grand Assc»mbly now met at Little 



214 CX)LONIAL RECX)RDS. 



River for the North East part of tlie said Province and it is hereby 
enacted That for the due Election and Constituting of Members of the 
Bienniall and other Assemblies it shall be lawfull for the freemen of the 
respective precincts of the County of Albemarle to meet the first Tues- 
day in September every two years in the places hereafter mentioned that 
is to say the Inhabitants of Chowan at the Land laid out for a Town on 
the Fork of Quei^n Arms Creek the Inhabitants of Penjuimons at the 
upper side of the Mouth of Suttons Creek The Inhabitants of Pasquo- 
tank at the plantation now in Possession of M' Jaseph Glaister on new 
Bi^unn Creek The Inhabitants of Currituck at the Plantation of M' 
Thomas Vandermulin The Inhabitiints of Beaufort in Bath, in Bath 
Town, The Inhabitants of Hyde prec^inct at the Plantation at M' Wel)- 
stei-sons the Westside of Matchapungo a River The Inhabitants of 
Craven at Swifts Plantation at the mouth of Handcocks Creek The Inhabi- 
tants of New Bern at the Town so called and then there to chose such 
membei's as are to sit in that Assembly which shall l)e five FretJiolders 
out of every precinct in AllK»marle County aforesaid. 

And \xi it further enact^nl That it shall and may he lawfull for the 
Inhabitants and freemen in each prwinct in every other County or Coun- 
ties that now is or shall be hereafter crccteil in this Government aforesaid 
to meet as afonisaid at such place as shall Ik? adjudged most convenient 
by the Marshall of su(!h County unless he l)e otherwise ordered by the 
special Commands of the Gov' or Commander in Chief to choose two 
Freeholders out of every Precinct in the county aforesaid to sitt and vote 
in the said Assembly. 

And be it further enacted That the Burgesses so chosen in each pre- 
cinct for the Bienniall Assembly shall meet and sitt the first Monday in 
November then next following every two years at the same place the 
Assembly last satt. Except the Palatins Court shall by their Proclama- 
tion Published Twenty days before the said meeting appoint some other 
place and therewith the consent and concurrence of the Palatins Court 
shall make and ordain Laws as shall be thought most necessary for the 
good of this Government. 

Provided always and nevertheless that the [)owers Granted to the 
Lords Proprietors from the Crown of Calling Proroguing and dissolving 
Assemblies are not hereby meant or intended to be invadwl limite<I or 
restrainecl. 

And it is hereby further enacted by the Authority aforesaid that no 
person whatsoever Inhabitiint of this Government born out of the Alle- 
giance oi' his Majwty and not made lrc»e no Nt»gro Mullatto or Indians 



COLONIAL RECORDS. 215 



shall Ikj capable of voting for Menil>ers of Assembly and that no other 
|)erson or persons shall be allowed or admitted to vote for Members of 
Assembly in the Government unless he be of the Age of one and Twenty- 
years and has been one full year resident in the Government and has 
paid one years Levy proceeding the election. 

And be it further enacted that all persons offering to vote for Members 
of Assembly shall bring a List to the Marshall or Deputy taking the 
Poll containing the names of the persons he votes for and shall subscribe 
his own name or aiuse the sjune to he done and if any such person or 
persons shall be suspected either by the Marshall or any other Candidates 
not to Ix) (jualified acx'ording to the true Intent and meaning of this act 
then the Marshall Deputy Marshall or other Officer that shall l)eap{)oint- 
ed to take and receive such votes or Lists shall have j)ower to administer 
an Oath or Attestation to every such suspected jierson of his Qualifica- 
tion and Ability to choose Members of Assembly and Mhether he has 
not before given in his List all that Election. 

And be it further enacted That every Officer or Marshall which shall 
admit of or take the vote of any person not truly qualified acc^ording to 
the purport and meaning of this act provided the Objection l)e made by 
any candidate or Inspector or shall make undue return of any person for 
Member of Assembly shall forfeit for such vote taken and admitted and 
for such returns Twenty Pounds to be employed for and towards the 
building of any Court House Church or Chappels as the Governor for 
the time being shall think fit But if no such building require it then to 
the Lords proprietors and Twenty pounds to ea(?h person of Right and by 
a Majority of Votes ought to have l)een returned to be recovered by Action 
of Debt Bill plaint or Information in any Court of Record in this Gov- 
ernment wherein no Ession Wager of I^aw or Protection shall be allowed 
or admitted. 

And be it further enacted That everv Marshall or Officer whose Busi- 
ness and Duty it is to make return of Elections of Members of Assem- 
bly shall attend the Assembly the three first days of their sitting (unless 
he have leave ot the Assembly to depart) to inform the Assembly of all 
Matters and Disputes as shall arise about Elecrtions and shall shew to the 
Assembly the List of the votes for every person returned and have made 
complaint of false returns to the Assembly and every Marshall or other 
Otfficer as aforesaid which shall deny and refuse to attend as aforesaid 
shall forfeit the sum of Twenty Pounds to be recovered and disposed of 
in such manner and form as the forfeitures l)efore by this act appointed. 



21 f) COIX)NIAr. RECORDS. 



And be it further enacted That whatsoever Representative so elected 
&s aforesaid shall fail in making his i)ersonal apj>carance and giving his 
attendance at the Assembly precis(*ly at the day limited by the Writ or 
on the day appointed for the meeting of the Biennial Assembly when 
the Elet.'tion is for a Biennial Assemblv shall Ik? fined for everv days 
alwence during the sitting of the Assembly (unless by disability or other 
Im|)ediment to Ixj allowed by the Assembly Twenty shilling to Ix; Seized 
by a Warrant from the Sj>eaker and so to Ix* applied to such Uses as the 
Lower House of Assembv shall think fit. 

And be it further enacte<l That every Memlxir of the Assembly that 
shall l)e electeil as afore.*^ud after the ratifying this act shall not l>e quali- 
fied to sitt as a Meml)er in the House of Burgesses Ixifore he shall wil- 
lingly take the Oath of AUe^iantre and supremacy the Abjuration Oath 
and all su(^h other Oaths as shall be ordered and directed to l)e Taken by 
the Members of Parliament in Great Britain. 

And Ixj it further enacted That the Quorum of the House of Bur- 
gesses for voting and passing up Bills shall not Ixj less than one full half 
of the House and that no Bill shall Ixi signed and ratified except there 
be present eight of the Members whereof the S|)eaker to be one and in 
c»ise eight Members shall meet at any Assembly those eight shall have 
full power to adjourn from day to day till sufficient Number can assem- 
ble to transact the Business of the Government. 

EdW* Moheley CH as : EDEN 

Speaker N. CHEVIN 

C. GALE 
FRAN- FOSTER 
T. KNIGHT 



1716. 

[Council Journal.] 



North Carolina ss 

Att a Council holden at the house of Cap' Free!*" rfones in Chowan on 
*21** day of January 171f 

Present the Hon"' Charles Eden Est)' Gov' Cap' Gen" & Adm" 
r Nath Chevin \ 

The Hon*"" J ct^'S"^' [ ^^^ I^l*^ P»<>P" ^^t* 

[t Knight J 



COLONIAL RECORDS. 217 



Co" Christopher Gah» PrcseiittHl a Com mission to this Board from the 
litis proprieto" Appointing him Cliiefe Justice of this I^rovinw and 
pray'd thesjime niiglit be read and Admittinl of And the Question Ixjin^ 
put to tliis Board by tlie Governo' whitlier tlie 8aid Commission ought 
to Iki publishcMl and Take plaw before the Instruetions Came over or not 
and it passt in y* Affirmative and thereu|K>n tlie Said Commission was 
read and admitted of a(x.^ordingly. 

Major Tho Luten preferrd a petition to this J^oard pmying tliat Ix»t- 
tei-s Twtamentijry might l)e Granted to him on y' Ijjist Will and Testam* 
of M" Ester Pollock DecW and v' lion"' Co" Tho' Polloc^k Lat(i liusband 
of y* s'* Ester haveing made known to this Board his reasonable Excuise 
for not appearing at this time 

It is Ordere<l that the subject matter of y* Said Petition be referred to 
y* 3* day of y* next General Court and that if the said Co" Polloc^k 
ap|>eiir not at y* time this Board will proi'eeil to determine y* same 

Then this Board adjourned to v* Governo" house on Mundav next. 

Att w'** time and placv this Board mett present ut Su])ra 

Ui)on Petition of licwis Conn(;r Es(j' Slotting forth that he did on y* 
22 dav of June 1713 make an Entrv with Tho' Pollock Jun*" the then 
Surveyo^ Gen" of all y* Land Swamj) and Lowe (iround from the head 
of his own Land in Pamplico y* he Ixuight of Major Barrow up to y* 
head of Aldersons and y' which was CoHingwoo<l Wanls deare a<Toss y* 
neck to Matt'hapungo C-reek or as farr as the Land of Major Barrow and 
others adjoyning and that Conformable to y' Custom of this Governm* 
he did recjuest the Surveyo' Gen" to Survey or cause y' said Land to be 
Surveyed for him and did Treat \\^^ v* Lords Receiver General for 
and Concerning the payment of y* Purchase money for y" same but either 
by the remissness of y* Surveyo' or fiw some other reason to him y* said 
Conner unknown the said I^md is not yett laid out and that he has adver- 
tised y* one M' John Porter is takeing up part of y* same Lands and 
therefore prayes that this board will Order y" present Survey o' General I 
or his Deputy to survey and lay out the same according to his said Entrey 

Ordered that the Survey*" Gen" or his Dep'^ do lay out the aforcisjiid 
Land pursuant to y* purport of y* said petition provided he do not inter- 
fere w"* the proprieto" Instructions or any other former war** or Enterics 
thereon 

Upon Petition of Katherine King Widdow and relict of John King 
dec'd Shewing that a Tract of Land Lyeing on the Middle Branch of 
Salmon CVeck belonging to John King her late husband Containing Six 

28 



218 COLONIAL RECX)RDS. 



hundred and Forty acres is T^apst for want of being seated in due time 
pursuant to y* pattent and prays the same may be granted to her 
Ordered that the same be granted as pray'd for 



[From N. C. Letter Book of 8. P. G.] 



M' URMSTONE TO THE SECRETARY. 

North Carolina Feb^ 14* 171f 
Sir 

I have lived this place five years in hopes of some provision being 
made for me here, but now I plainly see they never intended it with great 
difficulty & charge I prevailed with seven of our Worshipfull vestrymen 
to meet March 2** 171| in order to answer Col. Nicholson's letter and 
comply with the demands of the Hon"* Society, but if you have that 
account they gave of the Circumstances of their parish, you'll find no 
mention of what they allowed me, nor could I engage them to resolve on 
anything notwithstanding I prest them very earnestly. On the 3* of 
January following the like numl)er with much solicitation were pursuaded 
to meet again, but 'twas to divide the parish & make two of it, so that 
they might not be at the trouble of croaking the Sound (and yet they 
would have obliged me to do it *\ times in a month) they then endeav- 
oured to put me off as lx*fore, but at last agreed to allow 110 for the 3 
years past. Had I officiated in another parish alternately as the Vestry 
act empowercil me, they ought t^) have paid me 30£ '^ Annum in 
each, but the difficulty of attending upon two parishes l)eing great 
they offered me the hire of 2 parishes provided I would goe the River, 
as heretofore, which was not possible for me to do l)efore, I had a canoe 
and servants & when furnished tjierewith whilst abroad my family 
starved at home, so that I was constraineil to keep my hands at home 
and make Corn or we must have fasteil. I was very much blamed, and 
seeing I had not answered their Expectation it was thought great gen- 
erosity to give me £110 from that time to this I could never prevail 
with them to meet: I went and wrote to the church warden who was 
to collect the money diverse times but to no purpose, he never designe<l 
it. Another year is expired and now some of the bards tell me, truly they 
did not hire me the last year, nor will ever employ me more but are 
Mustering & contriving to pay me as they have done all before me, with 
lyes and all manner of scandalous stories, lading me with reproach and 



COLONIAL RECORDS. 219 



oontempt, so that now I am in a fair way to be starved. I have no grain 
of any kifid whatsoever, nor any sort of provisions Save 5 young porkers 
which weigh alx)ut Quarter each and have nothing to buy with; no 
longer credit at Boston by reason of nonpayment of my Bills in Eng- 
land. I wont to have rum sugars and Mulasses from thence and with 
that I could buy provisions; we are all naked and the Winters very 
severe ; I have lately lost a N^ro he was merely starved for want of 
clothes and a warm lodging and I shall be obliged to sell the other Negro 
to keep us till I hear from you which I pray may be with all speed. 
Here I cannot stay therefore lx»g I may return home and be allowed my 
Salary according to the Standing orders of the Society 11.18 Page 56. 
otherwise I shall not be able to procure us a passage, for my Plantation 
and all I have will be siezed for debt except my Bills he paid in Eng- 
land, but so many have been sent back protested, that 'tis generally 
beliered the Society will pay no more, at least many here wish they may 
not, I have been at great (iharges and trouble in endeavouring to get 
my house fit to live in with the addition of a couple of little rooms one 
a shop for me and the other a kitchen to dress our victuals when God 
sends it, it hath cost me near 100 too besides dyet, lodging and the 
attendance of all my family for a great part of a year. This order for 
£110 gained me Credit with the Workmen but being disappointed by 
the Churchwarden, have been force<l to raise all the money I could, have 
born>wed £50 and some work is still owing for, I owe a servant maid 
that my Wife brought from England upon Wages, for 4 Years service, 
the |>oor Girl is almost naked, many may wonder how I came in such 
cinuimstances, but 'tis easily made ap|)ear; have no support from the 
wn»t<jhed folks I was constrained to anticipate or draw faster than money 
l>e<«me due, I had but 50 pbt against Sterling money and gave 5 or 600 
pr ct for every thing that I lK)ught excjept victuals whicJi truly is cheap 
enough & generally very plentiful ; we made most years 50 or 60 Sloops 
and other Vess(»ls with all sorts of good provisions and God knows reap 
small l)enefitH by it. Goods are sold at such (exorbitant prices. If I could 
have had the money that has l)een due to me from the Society invested 
in G(kk]s, I might have lived handsomely and had a thousinid pound in 
pitch which would have fetch't as much in England clear of all charges. 
I am told Mr. Rainsford is d(»signed for England in onler to l)e admitted 
Pensioner again for this miserable place; I wonder at it, for he had tho' 
a short yet a full taste of the temj>er and nature of thc»se Ephesian 
Beasts, & their treatment of Ministers, he had a plentiful reward for 
the servic^e he did, was laden with Scorn Contempt & Calumny, abun- 



220 (X)LONIAL RECORDS. 



dance of Scandalous, I hope false, Stories are told of him ; tis said, pro- 
vided I could have reniove<l he would have staid in the Parish and not 
have taken a farthing of them (which was a very endearing article) for 
he had a sufficient support from England ; if true, I l>elieve he'll be of 
another opinion now, for he has marriixl a Sorry girl in Virginia, besides 
his way of living requires a good income; We have had all our Laws 
revived and amended wliei*e needful it was (and still they are (confused 
and simple enough) and 'tis said they are to l>e sent to the proprietors for 
their approl>ation and then Ik» printed it would be well if you cx>uld pro- 
cure a Copy of the Vestry Act, 1 supposi* the Society will not allow of 
it; for 'tis in the jxjwer of every new Churchwarden to continue or not 
their Minister : Likewise it ought to l>e specified that the Ministers Salary 
be paid in the Staple Commodities of the Country, viz*. Corn, Wheat, 
Beef and Pork & pitch at his dwelling house for 'tis not with his labour 
to collect it, but l>eware such another may never pass and in afte^ ages 
perhaps these Amendments may be made with the consent of an Assem- 
bly, I l)eg of you to desire the TivasuixT to send me an acx^'ount of all 
the money paid to my use sin(« my late Attorney refused to act for me 
he sent me a Balance to Sep 29*** 171:] he had then in hand £14: 16:6 
I draw'd a Bill for £10 upon him since that and he sent it back pro- 
tested I lone: to know what has lxKX)me of mv monev from that time: 
According to my drafts I shall owe but seven pounds the 25*** of the 
next month if all my bills were paid, but Mr Jekyl at Boston writes me 
that my last Bill of £20 payable to him is not paid, and there is another 
to Thomas Haudrey Merchant for 37£ come l)ack protested, Mr. Tryon 
said he no effects, and yet since both these, one to Thomas Lee who went 
from hence for 20£ was punctually paid. If my attorney has received 
any thing since my acc^* he has wronged me: he pretende<l he would never 
lie concerned for me; & accordingly in one to Mr Hodges I revoked the 
power given him and desire<l no more money might he paid to him. 

I sent my Journal to Michaelmas last by way of Virginia, date X**' 
16. I should Ix; glad to know it came safe for 'twas kept heit? 3 Weeks 
and I have no great reason to believe it was opened, if not dastroye<l you 
know my st^al without doubt We have ha<l no News a long Time from 
North Carolina, God knows what condition they are in, we have great 
reasi>n to wish for their success. I am 

Sir your most humble Servant 

JN'^ URMSTON 

Missionary. 



COLONIAL RECX)RDS. 221 



[Spotswood Letters. Vol. 2. p. 141.] 



Virginia, VeWy 16th, 1715 [1716.] 
To the LMs Conini'rs (»f Trade: 

My Lords: 

* * ♦ * * 

After so many yejirs sj)ent in fruitless Endeav'rs to iiseertain ye Boiin- 
darys l)et\ve(»n this (Colony and No. Carolina, and the fnH]|nent trouble 
wVh that dispute has (Kx^ision'd to y'r T-zo'ps' hoard, I hope ye pro'sal 
w'eh I here enclose will be the more acceptable, as it is the only Overture 
whi(»h has l)een made from ye beginning, wherein both Governni'ts could 
l>e brought to ac^juiesce; And indcKHl is the only Expeilient I can think 
of to put a speedy end to this (yontroversy, for while both sides insist^ 
on the boundary which ea(»h claime<l and brought positive Evidences to 
support their pretensions, while the Observations of the Lattitudes were 
disputnl, and the Instruments by w'ch they were taken Questioned, and 
that, notwithstanding the repeated orders of her late Maj'tie for ye pro- 
prietors U) appoint new C'Ommiss'rs, four ye^irs have passM without any 
St>ep made on that part towards complying with those Ordei's. It was 
not easy to foresee an end to this Ccmtest, tho' the In(X)nvenien(;ys to both 
Governm'ts by the continuance* of this dispute is very obvious, and likely 
still to increase — many people settling themselves in those (jontra verted 
I^ands who own obedience to ye I^aws of neither Province. If the Ob«t»r- 
vations of ye Comm'rs and Surveyors of this Governm't are just, his 
Majesty can be no great loser by runing the l>oundary as proposal in ye 
endosM Paper, viz., a due West Course from Corrotuck's Inlett; but if 
these observations should prove erroneous, whatever shall l)e lost thereby 
will be made up by saving a great expence in runing this C.ourse rather 
than the transverse line from Curratuck to Wicconi, through one of the 
most unhabitable and impracticable wilderness that is known in these 
parts, where the best Artists we have must have been at a loss to Steer 
to the point designed, and consequently must make divers Experiments 
which would increase the Charge. But without arguing any more upon 
the Advantages of this Proposal, I shall only add that I have acted herein 
what I think most for his Maj't's Service, according to ye present Light 
I have of that affair, and shall submit to y'r Lo'ps to lay it before his 
Maj'tie with such Recommendation as you judge it deserves; And if his 
Maj'tie shall approve thereof, and that the Lords Proprietors will readily 
come into it, I shall then ho|>e for the Satisfaction of seeing a speedy 
determination to a very intricate and perplexM business. 



222 CX)LONIAL RECORDS. 



To prevent any Cavils w'ch may arise in laying out the Boundarys, I 
liumbly projK)se that y'r Ix)'ps would be pleas'd to obtain such Instru- 
ments to be Sent in hither as sliall be approved qu by his Maj'tie and 
the Lords Proprietors, and that directions may be also sent in what man- 
ner the charge shall be defrayed, since there will be occasion to employ 
several people for marking out the Line, and in some places to make use of 
boats, of which it is reasonable the Proprietors should bear their proportion. 

I shall observe yW Lo'ps' directions as to ye other particulars men- 
tioned in y'r Letter, of w'ch y'r Lo'ps shall have an Acc't as occasion 
offers, being desiroiLs of nothing more than to give y'r Lo'ps proofs of 
the Resi)ect w'th w'ch I am, &c. 



[B. P. R. O. B. T. Virginia. Vol. 14. p. 64.] 



PROPOSALS FOR DETERMINING THE CONTROVERSY 
RELATING TO THE BOUNDS BETWEEN THE GOV- 
ERNMENTS OF VIRGINIA AND NORTH CAROLINA: 
MaST HUMBLY OFFERED FOR HIS MAJESTYS 
ROYAL APPROBATION, AND FOR THE (X)NSENT OF 
THE RIGHT HON"* THE LORDS PROPRIETORS OF 
CAROLINA. 

Foreasmuch as the dispute between the said two Governments about 
their true Limits cxmtinue still, notwithstanding the several meetings of 
the Commissioners, and all the proceedings of many years past in order 
to adjust that Affair and seeing no sj)eedy determination likely to ensue, 
unless some medium he found out, in which lK)th partys may encline to 
acquiesce: Wherefore both the underwritten Governors hav»ing mett and 
considered the prejudice done both to the King's and the Lords Proprie- 
tors Interests by the continuance of this Contest, and truly endeavour- 
ing at a Decision which they judge comes nearest to the Intention of the 
Royal Charter, granted to the Ijords Proprietors, Do with the Advice 
and Consent of their respec^tive Councils Propose as followeth. 

That from the mouth of Corratuck River or Inlett, and setting the 
compass on the North Shore thereof a due West Line Ire run and fairly 
marked; and if it happens to cutt Chowan Riv^er between the mouths of 
Nott<)way River and Wicoons Creek, then shall the same direc^t course 
be continued towards the mountains, and be ever deemed the Sole Divid- 
ing Line between Virginia and Carolina That if the said West Linecutts 
Chowan River to the Southward of Wiajon Creek, then fn)m that point 
of Intersection the bounds shall be allowed to continue up the Middle 



COLONIAL RECORDS. 223 



of the said Chowan River to the middle of the entrance into the said 
Wiocon Creek, and from thence a Due West Line shall divide the said 
two Governments. That if the said West Ijine eiits Blackwat^r River 
to the Northward of Nottoway River; then from that point of Inter- 
section, the Bounds shall be allowed to continue down the middle of the 
said Black water River to the middle of the Entnin(« into the Nottoway 
River, and from theni« a Due West Line shall divide the said two Gov- 
ernments. That if a Due West JAue shall l)e found to pass through 
Islands or cut out small slips of Land, wj^ich might much more conven- 
iently l)e included in the one province or other, by natural water bounds; 
in such case the persons appointed for running the Line shall have 
power to scale natural bounds. Provided the Commissioners of both sides 
agree thereto, and that all such Variations from the West Line be par- 
ticularly noted in the Mapps or Platts which they shall return to put 
upon the Records of both Governments. 
All which is humbly submitted by 

CHARLES EDEN. ^- SPOTTSWOOD 



[From N. C. Letter Book of S. P. G.] 



M' ITRMSTONE TO THE SECRETARY 

gjj. North Carolina Feby 28'»» 171f 

Since the delivery of mine pr. this same opportunity and the Copy 
thereof ^ via Boston, I understand that a Copy of our law is sent ^ 
Godfrey so that if tlu? Society think fit to procure a sij^ht of the Vestry 
Act there must be no delay. I presume they'll not approve of it what 
I think most material to be added is that it Ir* not in the power of the 
Vestry to remove their Minist<;r at pleasure, that the Ministers Salary be 
paid in sjH^tie of the Country prcMlu<« at his own hous(»: that a Table of 
Fees l)elonging to the Surj>li(»e, as Weddings, Burials, Funeral Sermons 
Ac he agreed on by the Vestry and made publick : but nobody be hurried 
but by the Minister nor marry ed ; that the Minister l)e exempt from all 
taxes, Imprefts or I^evyes upon him or any belonging to him; all lil)er- 
ties & privileges, as is practised in England l)e continucfl and observed, 
as far forth as is consistent with the Country, that the choice of one 
Church Warden yearly be allowed him, that the Vestry do meet at least 
once every Quarter, in Easter week especially and chuse Churchwardens 
and whatever else the Honorable Swnetv may think fit and can be ob- 
tained of the Lords Proprietors. 



224 COLONIAL RECORDS. 



Tlie Proprietors must \ye prc^t to use their Interest with the Colony to 
have all such ameiulruents made the next assembly after the return of 
the I^ws, for the proprietors have not Authority enough to ratify them 
without the Consent of an Assembly. This sending of the Acts to be 
peq)etuated by the Proprietors is the oidy Step made since the settlement 
of the Colony to make it a regular plaw, soon after the grant of this 
Colony to the proprietors they made several laws and constitutions which 
are in Print but thwe have l)een little regarded for many years, if not 
<]uite set aside and the Lords j)ov^er of little Fonre, they were wont to 
have all Acts of Assembly (H)nfirnuHi by the Lords or else they were not 
in force above two years; but of late they never trouble the proprietors 
at all but passed and annul'd Laws at pleasure and at the first meeting 
of every Biennial the old laws were amfirm'd and to be continued for 
tlie two years following and by that meims. evaded the I^ords, apj>roving 
or disallowing their I^aws, acx^onling to the power they reserved to them- 
selves on the Fundamental Constitutions 1 sup|K)8e the liords will scartre 
approve of all the Acts. 

This (X)mes "^ a friend passenger in Capt' (i(xlfrey ; I pray ac^piaint if 

mine by him and the Copy "^ Boston come to hand under the Seal of Sir 

/ Your humble Serv* 

JOHN URMSTONE 



[R P. R. O. B. T. Proprieties. Vol. 10. Q. 72.] 



LETTER FROM THE ASSEMBLY OF SOUTH CAROLINA 
TO THEIR AGENTS IN GREAT BRITAIN, DATED THE 
15**^ MARCH 17|| (JIVING AN ACCOUNT OF THE ILL 
STATE OF THAT PROVINCE. 

Q J Charles Town. Mareh y* IS**' 17ff. 

Wee have lately seen a letter from M' Beresford dated December y* 
27th 1715 (lirected to the Commission" appointed by y* late Assembly to 
correspond with you wherrin he mentions y* receipt of one from the said 
Commission" dated August the 25'*" 1715 with the address of our late 
house of Commons to his Majesty, to take the immediate Government of 
this Province into his own hands. We are glad to hear that you have 
delivered the same & rejoyce at the hopes you give us that something 
will be done at Court in our favour, at the same time we wonder that his 
letter should come onely from M' Beresford, expecting that you both 
should act joyntly in all things which concern the good of this Province. 



COLONIAL RECORDS. 225 



Wee the Members of Assembly now sitting have thought fit by this 
oppertunity to send another address to his Majesty on tlie same head & 
desire that you will deliver y* same and that you will with your utmost 
application endeavour to get our request fullfilled for according to all 
human probability unless his Majestic doth take this Province under his 
immediate protection and sends us men to defend us and money to defray 
our Charges this once flourishing Collony will be reduced to nothing and 
become a pray to our Barbarous Enemies. 

. According to a moderate computation of y* Charges that this Govern- 
ment has been at for the Support of the Warr it amounts to near one 
hundred and forty thousand pounds what farther Charge** we shall be 
at God alone knows, we need not use any arguments to make you sensi- 
ble that this will be a greater burden than this poor Province can possi- 
bly bear. 

We are now to inform you that the Forces wee had from Virginia and 
North Carolina are upon their departure home, being unwilling to stay 
any longer and our Government is y* more willing to gratifie them in 
that particular by reason the charge we are at in maintaining them is 
greater than we can bear. 

We hope Gent* when you have duely weighed all these particulars that 
you will be fully convinced that our affairs do still look with a very dis- 
mall aspe(rt and that no endeavours in you will be wanting to get as 
immediate assistance which onely under God can sav^e this Province from 
utter ruin. 

The vessel by whom you will receive the addreas to his Majestic & 
this letter is just now going over the Barr which obligeth us to come to 
a conclusion and to be very short in the relation of the affairs of this 
Province with the Government of Virginia. Wee shall onely mention 
that we are now finding out some means to give that Governm* all the 
satis&ction they can in reason desire the particulars of which you shall 
have by our next. Wee should not have mentioned anything on this 
head at this time had not the Govern' of Virginia sent us word that he 
would endeavour to make us look as odious as he could both at home in 
England and in all the Kings Govm** in America upon the account of 
our non performance of every particular branch of the Treaty of assist- 
ance agreed upon between that Gover"* and our agent sent thither for 
that pur|)ose. At the same time we must confess that if our late Assem- 
bly had fully complyed with that agreement it would not have cost this 

29 




226 CXDLONIAL RE(X)RDS. 



Province near so much money as the measures we shall now he obliged 
to take 

signed by order of y* house 

THO: BROUGHTON. Speaker. 

We order you to lay the State of this Province as you now receive it 
from us, before his Majesty as we have promist in our address you 
should. 



[Council Journal.] 



North Carolina ss 

Att a Council holden at the house of Capt. Rich'* Sanderson at Little 
River on Thursday March y* 29 1716 

Present the Hon"« Charles Eden Esq' Governo' Cap*" Gen" & Adm" 

rNathChevin ^ 

Esq' Lds proprieto" Dep^' 



The Hon"- 



CGale 
Fra' Forster 
T Knight 

Upon Petition of Francis Forster showing that Samuel Charles has 
made a Survey of a Tract of Sunken Land and Swamp Joyning u|iion 
him to his Great Prejudice and without giving him any notice thereof 
Contrary to y* Lawes in that behalf made 

Ordered that the said Charles be summoned to appearc at the next 
Council to shew cause why the said Foster may not have y* first refuse 
of ye Said Land and that in the meane time he forbears to make any 
further proceedings thereon 

Upon Petition of Gabriel Newby Shewing that a Tract of I^and for- 
merly settled and Inhabited by Charles MacDaniel in Pen|uimons River 
has been Disserted for this one and Twenty years and no heire appearing 
y* same nor any j)erson to pay the Rents thereof the said Newby prays 
that a war* may Issue out to appraise y' Labor done on y* same laud and 
that the same may be Granted him y* said Newby pursuant to y* act of 
Assembly in that behalfe made and provided. 

Ordered that a War* do Issue out upon the said act pursuant thereto 
as pray'd for in y* said Petition 

Upon petition of Thos Rxswell praying that a partition of a Tract of 
Land wherein his wife and Elizel)eth Watter her sister are Jovnt Ten- 
ants and that Elizebeth having sold her part in the said land prayes that 



COLONIAL RECORDS. 227 



an order may Issue out to the Survey o' for to make an Equal division 
thereof that each party may know their own share 

Oixlered that the Surveyo' Gen" or his Dep*^ Do make partition of 
Said Lands as in y* Said partition prayd. 

Upon Petition of Francis MacClendon Shewing that a Tract of Land 
Containing Four hundred Acres was Granted to Michael Hill by pattent 
dated y* 5*** day of March 17|^ Is now laps'd for want of being Seated 
in due time pursuant to y* said Pattent and prayes that the same may be 
granted to him 

Ordered that the same be granted as pray'd for 

Upon Petition of Thos Ashley Junio' Shewing that a Certaine Tract 
of Land lyeing in Chowan pi'ecinct Containing One hundred and Twenty 
Acres was Granted to Tho Ashley Sen' by Pattent bearing date 
is liaps'd for want of being seated in due time pursuant to y* said Pattent 
and prayes that the same may be granted him 

Ordered tliat the same be granted as pray'd for 

Upon Petition of James Boon Shewing that a Tract of La;id Lyeing 
in Chowan precinct Contayning five Imndred and Seventy five Acres was 
granted to Tho' Sessims by pattent dated the fourth of Novem** 1707 is 
Lapsd for want of being seated in due time pursuant to y* said iiattent 
and pray that the same may be granted him 

Ordered the same be granted as pray'd for 

Upon Petition of Benj' Blount Guardian to his Bro' John Blount 
Showing that he is not Capable to discharge the trust in him reposed 
and prayes that Jacob Blount another Bro' of y* said John may be 
appointed Guardian to y* said John in his stead 

Ordered that Letters of Guardianship do Issue out to the said Jacob 
Blount as prayd for 



[From N. C. Letter Book of S. P. G.] 



COLL. EDEN TO THE SECRETARY 

Chowan North Carolina May 10^ 1716 
Sir 

I rec** the honour of yours dated Nov' 18* last but the 5*** day 

As soon iLs the Vestry's can l)e called of this precinct, the plaw of M' 

Urmston's residence, I shall in obedience to the Commands of the Most 

Honorable Society ret^mimend that Gentleman's case to them and make 



228 CXDLONIAL RECORDS. 



not much doubt the members will relieve him in the aifair he complains 
of to your Board and as for the Precinct of Pasquotank he has already 
rec* part of that money and the residue will be paid in by Tuesday in 
Whitsun week which is the time appointed by that Vestry for it; I have 
particularly recommended that matter to the Secretary of this Province 
who I am well assured will take all necessary care of him. 

If M' Urmstone is not so happy in this place as he might have been, 
I doubt he has but himself to thank for it; He has been but a moderate 
c*onductor of his affairs, which I l)elieve has run him into so many ill 
conveniences that he easily might have avoided. But having spoken so 
largely of that Gentleman already, I care not for mentioning him now, 
nor should I have done it had it not been in regard to the Country 
whereof I have the Honour to be Governor. 

I take the liberty to enclose with this an Abstract of an Act of Assem- 
bly made here the last Winter which I b^ Sir you will lay before the 
Society. It may serve to give those Gentlemen a specimen of the incli- 
nations of these poor people Tenn** to my Masters the Lords proprietors 
w^ are not so black as they have been painted, but on the Contrary are 
as willing as any of his Majesty's Subjects on the Continent to contribute 
to the utmost to the subsisting of Ministers that are Gentlemen of good 
lives and affable behaviour & conversation. Though hitherto it has been 
their misfortune to be in a manner void of such necessary instructors, I 
dare not presume to ask any favor of the Gentlemen of the Society. 
They being the only Judges how, for they can extend their nursing care 
to a poor uninstructed people. But if we cannot be so happy as to pro- 
cure ministers for each four parishes would they but please to send us 
schoolmasters qualified, as mentioned in their most excellent rules. I 
I verily believe the Inhabitants would willingly pay them the greatest part 
of their Salaries established by the Act for reading the Service and Cat- 
echising the Children reserving the overplus to any of your Miasionaries 
who should visit them twice or thrice in the year. 

In most of the parishes they have already established two or three 
readers who are the most capable persons we can get here. To some of 
which they allow pr. Ann thirty pounds. To others twenty pounds and 
to none less than Ten pounds. 

The Gentleman you mentioned to be ordered from the Southward to 
Bath County is not yctt arrived whenever he does I wish he may be 
such an one as they have need of otherwise he may prove of ill conse- 
quence by giving room to Sectaries breaking in upon the j)eople, who 
as yet have few or none amongst them. How soon they may be fur- 



COLONIAL RECORDS. 229 



Dished I know not. They b^inning now, to reap the benefit of Peace 
with the Heathen, which since my former I have had the good luck in a 
great measure to procure for them & make but h'ttle doubt of Kstablish- 
ing that great blessing. 

I intend in the Fall to settle at Pemptisough with my Family & entreat 
your Favour with the Society, that an honest Gentleman may be 
appointed thither, where I am confident the poor People would do any- 
thing to encourage him to discJiarge so grcjit a Trust, and whilst I am 
speaking for what I should esteem my own particular happiness to have 
the conversation of such an one, So you may be assured I would let noth- 
ing be wanting in my part make every thing Expedatious. 

I b(^ my most humble duty to the most Honourable Society, whose 
cx)mmands I shall always Esteem my happiness to Obey whenever you 
communicate them to him who is with great respect 
Sir Your Most humble Serv' • 

CHARLES EDEN. 



[B. P. R. O. B. T. Proprieties. Vol. 10. q. 77.] 



MEMORIAL FROM M' BERESFORD, REPRESENTING THE 
PRESENT STATE OF SOUTH CAROLINA. 

(23** June 1716.) 

To the R* Hon"* the I-iords Commissioners of Trade and Plantation. 
May it please your Honours 

The present State of South Carolina is as follows. 

That Province having for a year past been engaged in Warr with the 
Indians Numbers of its Inhabitants have been destroyed by Fire and 
sword and many more have deserted the Place. 

The small number of whitemen (fit to bear arms) that are left continue 
to desert the Province and had not the Government of Virginia and 
North Carolina sent to their assistance al)Out two hundred men (for part 
of whom they were obliged to consent to Terms almost im])ossible to be 
complied with) many more if not the greatest part of the present Inhabi- 
tants would in all probability have deserted. The whole Province being 
thus distressed and despairing of further assistance from other American 
Colonies as also from the Honorable the Lords Proprietors of that Prov- 
in(5e, were und(»r a n«?essity of making application to the King and Par- 
liament to enable 'em to subdue or reduce their Enemies to Reason. 



230 COLONIAL RECORDS. 



Accordingly their Case by Petition from their agent and severall Mer- 
chants of London trading thither was on the 9"* of Aiigs* last laid before 
the Parliament and after an Examination before the Committee. The 
Honorable House of Commons were pleased to address his Majesty to 
send to the assistance of Carolina such supplies as in his great wisdom 
should be thought needfull, the (Jiarge of which to he made good in the 
next aides 

Whereupon his Majesty was graciously pleased to send a sufficient 
Quantity of arms & ammunition but the unnatural Rebellion obstructed 
sending men. 

By advices since the said Stores of War were sent which came with 
Petition from the Upper and Lower Houses of Assembly of that Prov- 
ince to his Majesty for relief and protection it has hmm represented that 
a supply of men and money is the chief of what they stand in need of 
without which they are in the greatest danger of loosing that Province, 
the remaining small number of its Inhabitants being almost wearied out 
through continual fatigue and the charge insupportable. 

A second Petition from the Agents Merchants and others to the King 
praying that some of the Rebels who petitioned for to he transported 
might be sent to Carolina to serve in the time of their Extremity until 
better provision could he made for them was under the consideration of 
his Majesty and the Lords of the Council. By other Letters and advices 
received the beginning of March last from the most interested and credi- 
ble Inhabitants it appeared that notwithstanding they had made pea(« 
with one Nation of their Indian Enemies they were still obliged to em- 
ploy all the force of Whitemen they could raise together with many of 
their black slaves against those Nations of Indians who were the for- 
wardest to begin the War and have since cofnitted the greatest Barbarities. 

All which Representations and Applications being made io this Grov- 
ernment and also by proper persons here made known to the Honourable 
the Lord Proprietors and no sufficient assistance sent them. About the 
b^inning this instant June arrived here from that Province another 
address to the King and a letter from the Assembly there very plainly 
setting forth their present State which having been shown to the Hon- 
ourable the Lord Cartwright and others the Ix)rds Proprietors of that Pro- 
vince they have signified their dislike thereto and as we have too much 
reason to fear will not only refuse to consent to what may l)e necessary on 
their parts but also endeavour to invalidate the said Representation which 
obliges us the more earnestly to make all the application we are able that 
the condition of those distrensed subjects may in the most effectual man- 
ner Ire laid before and come under the consideration of his Majesty and 



COLONIAL RECORDS. 231 



the Government with the greatest Expedition. The objections answered 
and the Province assisted by this Nation with men and money which if 
timely effected may prevent the destructive confusion if not utter ruin 
of that Frontier to the French Spaniards and Indians of all the English 
Plantations on the Main of America whose scituation and Extent makes 
it capable of improvement in the best of commodities and Trade, on which 
subject we beg your Honours Patience will suffer us a little to enlarge 
and also to deliver some copies of the yearly imports and exports of the 
Province before their present troubles and thereby to expose the designs 
of the French and make known the advantages which will accrue to this 
Nation by preventing them and encouraging the cultivating of that fruit- 
ful Land. By many former circumstances as well as by the late Let- 
ter from the Assembly of Carolina there is too much reason to be assur'd 
that the French (who live and trade with the Indians from Quebeck and 
along the Lakes of Canida and Southward too and down the great river 
of Messisippi to Fort Morilla scituated on a River near the Mouth of 
the said great River with the Bay of Mexico) have stirred up and 
encouraged severall Nations of Indians to this War. 

And as the French have of late years (very far with the bounds of the 
Charter of Carolina) settled themselves on the back of the improved part 
of that Province by which they are as near those Indian Settlements who 
were in alliance with Carolina as the English there are, and thereby hav- 
ing possessed themselves from the Northermost part of the Sea to the 
Southermost on the back of all the most valuable Brittish Plantations 
and Colonies on the Main of America and having with them very numer- 
ous Nations of Indians. Tis too obvious what they (especially South 
Carolina) must expect whenever a Rupture witli France may happen if 
not before It's also as obvious how formidable the French will grow 
there during Peace, considering how industrious they are in frequently 
supplying their Settlements with People &c. An Instance of which we 
were let to know by late advices from France that shipping with Men 
and Women were going from Brest to their New Colony Luciana on 
Missisippi which by the small number of Inhabitants in Carolina the 
French had the opportunity to begin and by the present troubles with 
the Indians are encouragM to encrease. 

Carolina being the only Southern Frontier of all Brittish America both 
to the French and Spaniards who have sheltered those very Indians who 
comenced this present War with the English it is humbly presumed that 
a settlement of his Majestys Subjects on one of the Bahama Islands (now 
inhabited only by a few scattered English Settlements notorious for being 
without Govemmen* &c) with a small garrison there it being on the 



232 COLONIAL RECXillDS. 



Eastermost side of the Gulf of Florida, and tlie like Settlement and 
Grarrison on Port Royall Island adjoyning the main land of Carolina on 
the opposite side of the Gulf, and as occasions might be vessels appointed 
to attend that short Cruise would be the greatest security imaginable not 
only to Carolina but to other American Colonies possest by the English. 

Those Islands being a very pleasant and profitable Climate when pro- 
tected and encouraged will very soon florish and fill with Inhabitants and 
in some measure deter the French from increasing their Settlements on 
Mesissipi for as much as it will be difficult for any ships to come through 
the Gulf (as all Spanish Gralloons and French from Mesissipi and Morilla 
are obliged to) but they will be discovered. Port Royall Island hath an 
extraordinary Harbour for shipping by all Pilots allowed to be the best 
upon the coast of Carolina having about four fathom Water on the most 
difficult Entrance and abounds with Provisions and Naval Stores and 
amongst the Bahama Islands it is beyond doubt there want not the like 
advantages for such an undertaking. 

That in time of Peace it is much more adviseable to make such Settle- 
ments on the said Islands than in time of War is humbly presumed 
wants no Demonstration. 

Carolina being thus circumstanced and ciipable of affording greater 
quantity of valuable produce than any other part of British America, as 
the best of Rice in abundance, all manner of Timber for building, shij>- 
ping in great plenty, Pitch, Tar, Turpentine, Rossin, Indigo and Silk 
which has been manufactured in London and proves to be of extraordi- 
nary Sul)stance and Lustre omitting to mention the great quantity of 
provisions and other necessarys it affi)rds the Plantation. 'Tis humbly 
hoped the King and Parliament will be of opinion that it merits a par- 
ticular notice and Protection. 

That Colony being capable of producing sufficient quantities of many 
of the aforesaid commo<lities not only to supply great Brittain but several 
other parts of Europe the first crosts of which being paid for in british 
manufactorys and the whole freight redounding to his Majestys Subjects 
are circumstances worthy the notice of the Legislature. 

If the Inhabitants of Carolina and the Bahama Islands were more 
numerous and protected it is not doubted but that several other produc- 
tions would thrive well in that climate as sentchanel, sugar, Fruit Coffee 
Olives Spanish vines Drugs and Cotton Wool & has been tryed & comes 
to perfection not to enlarge on the mines of silver if not gold which are 
expected to l>e found in the Appalatia Mountains, scituate between the 
Frenches new settlement on Mesisseppi and the improved Part of 
Carolina. 



COLONIAL RECORDS. 233 



There are also great qiiantitys of Ceclar & Cypress far exceeding any 
Norway Deals being free from Knots of curions white colonr, great 
lengths proper for floring of the most magnificent Buildings. The Cedar 
for some uses far exceed any other sort of wood and at the request of 
some Noblemen and Gentlemen of this Nation hath been brought into 
this Kingdome but the Importers being obliged to pay duty for it as 
Sweet wood amounts to a Prohibition the further Importation thereof has 
been quite discouraged our navigation lessend and and given ti) Foreign- 
ers of whom we purchase in part with Money and loose the advantage of 

Freight 

RICH^ BERESFORD. 



A DEMONSTRATION OF THE PRESENT STATE OF 

SOUTH CAROLINA. 

The value of the Province the year before the Indian War 
viz* Lands, N^roes, Stock Merchan**" and all other Prof- 
fitt and Improvements by an Assem" the sum total 
amonntingto £709,763 

The value of the Provin<^€ is diminished by destruction, 1 

desertion &c : at least a third which is / £236,587 

The Bills of Credit made current lx}fore the War and now 1 

extant ai-e .• / £44,000 

The Debts and Bills since the War £140,000 

The value of Ten thousand Nq^roes at Twenty pounds^ 
each which l)eing the only thing the Inhabit'ints «in 
(^rry with them when they desert the Provinc^e or im- 
pmve their I^ands and subsist themselves with, while 
there they will never part witli and therefore the sum 
of them to be deducted which is £200,000 

The remaining sum to be exosted before their Debts wilP 
be ecj[ual to the value of their Lands and other Stock 
after which (in [)oint of Interest) it seems to be equal 
for the Inhabitants to leave the Province or stay & pay 
the Debt if their Troubles were at an end, but if the 
War continue & the Inhabitants remain on the Land 
there is too much reason to fear they will be reduced to 
the miserable condition of their Neighbours in the Ba- 
hama Islands, which we hope his most gracious Majesty ^ 
the King under God will timely prevent £709 763 

30 



> 



y 89 176 



234 COLONIAL RECORDS. 



[B. P. R. O. JouBNALB B. T. Vol. 26. p. 36.] 



Whitehall Thursday June 28**» 1716 

At a Meeting of H. M. Com" for Trade & Plant- 
Present 
M' Cockburne M' Cooke 

M' Chetwynd. M' Docminique 

M' Addison. 

M' Boone & M' Beresford attending with M' Godin and another Gren- 
tleman lately come from Carolina M' Boone acquainted the Board that 
he was ordered by the Assembly of Carolina to return their Lordships 
thanks for their endeavours to put that Province under the im- 
mediate protection of the Crown, And being asked how the Indian 
war stood there at present, they said it was not yet over nor had they 
heard that any advice was arrived at Carolina of assistance by means of 
Brigadier Hunter from the Indians at New York That in their opinion 
that war could not be put an end to by Indians only without the assist- 
ance of white men — But it being observed to them that the Province of 
Carolina had not coniply'd with their engagements to Virginia for the 
assistance they have had from that Colony, M' Boone said that their first 
Contract became impracticable but that the Province of Carolina had 
allowed fifty shillings a head per month in lieu of each Negro woman 
they were to furnish and that he did not doubt but the difference be- 
tween those Colonies would be soon accommodated. 



[B. P. R. O. N. C. B. T. p. 89.] 



LiNDSEY House JuIv 27**^ 1716. 
Present 
Lonl Carteret Palatin 
M' Bertie 

S' Fulwar Skipwith 
S' John Colleton 
M' Danson. 
Resolv'd that Blank Deputations he sent to North Carolina 
M' Eden's Report about the laps'd land in answer to their Lord** let- 
ter to him of 26'*' March last with several Queries to M' I^ee and his 
Answers were read 



COLONIAL RECORDS. 235 



And their Lord** were of opinion that M' Eden's said Report & Re- 
marks &c are a full and just vindication of thieir Lord** Officers in that 
part of the Province from the unjust and malicious complaints of M' 
Lee in relation to the Laps'd Land. 

It was their Lord** opinion that the Tenants ought to be held to their 
covenants in their Grand Deeds in relation to the payment of their Quit 
Rents but that all the purchase money now due for land should be made 
in Sterling Money or sixteen penny weight the Crown or in the produce 
of the Country equivalent thereunto And their Lordships resolv'd to put 
a stop to the selling of lands of North Carolina but at their own Board 

Order'd that a letter upon this subject be prepared by the Secretary to 
the Council and Assembly of North Carolina. 



[B. P. R. O. B. T. No. Carolina. Vol. 6. p. 35.] 



LETTER TO THE COUNCIL & ASSEMBLY OF NORTH 

CAROLINA. 

1716. August 1-* 
To the Council and Assembly of North Carolina Gentlemen, 

Our Governor M' Eden having sent the Laws of our Province of 
North Carolina, as they were revised and settled by you at the last meet- 
ing of your Bienniall Assembly which N^n on the 13*** Nov' 1715 
that we might j^eruse and give Our Approbation of the same ; We do 
hereby assure you that we will carefully look them over, and ratify and 
confirm such of them as may any way contribute to the good Govern- 
ment Trade or Welfare of our said Province, and shall take care to 
transmit them to you with what convenient speed we can. 

But in the mean time we cannot but take notiw how unreasonably you 
concern yourselves in matters relating only to Us, which is our property 
vizt. You wou'd in a Clause of your last Act of Assembly oblige Our 
Receiver to take your Bills for the purchasing of Our Lands, and for 
the j>ayments of the small quit Rents we have reserved by the Deeds of 
Sale. We think you have nothing to do with our Lands and therefore 
you must expect to receive that Clause at least, in that Act of Assembly 
repealed. 

We are of opinion that our Tenants ought to be held to their Cove- 
nants in their Grand Deeds in relation to the payment of their Quit 
Rents and that all the purchase money now due for I^ands shou'd l)e 
made in sterling money or at sixteen jK^nny weight the Crown, or in the 
produce of the Country equivalent therunto. 



236 COLONIAL RECORDS. 



We are further to inform you Gentlemen that we have resolv'd that no 
more Land shall be sold in Our Province of North Carolina, but that 
such sales of Land only as are made here at our Board shall be good. 

We desire you to remember that all Laws pass'd by the Assembly, 
after they are repeaPd by Us are voyd, and that no Law whatever either 
already pass'd or that hereafter shall lie pass'd can be in Forct? for any 
Longer time than two years, unless such I^w is within that time con- 
firmed under the Hands and Seals of Lord Palatin and four more of the 
Lords Proprietors. 

M' Eklen has sent to us a Petition he received from the Freeholders 
and Inhabitants of Bath Town in the County of Bath may he made a 
Sea Port Town, and a Corporation ; We are very willing to indulge the 
Inhabitants of our Province in any reasonable Request, and we have 
therefore ordered Our Secretary to draw an Instrument to signify to the 
Custom liouse here Our Pleasure that the Town of Bath shall be made a 
Sea Port Town, and to send a Duplicate of tlie said lustrum' to you tliat 
you may lay the same Ixifore the Surveyor General of the Customs when 
he shall arrive in Our Province of North Carolina. 

We doubt not Gentlemen of vour Endeavours for the GoikI of our 
Provinct*; S<^) We bid you heartily farewell, and are. 

Your very loving Friends 

CARTERET Palatin 

fA : BERTIE for Beaufort 

FULWAR SKIPWITH for Craven 

M. ASHLEY 

J. COLLETON 

J. DANSON 

August y" I'M 71 6. 



[B. P. R. O. B. T. No. Carolina. Vol. 6. p. 39.] 



1716 August 1st 

John Lord Carteret Palatin, Henr}- Duke of Beaufort, William Lord 
Craven, Mauriee Ashley Esq" S*" John Colleton Bar' John Danson 
Es(|" and the rest of the true and absolute Lords Proprietors of the 
Province of Carolina, To all to whom these presents shall come Greet- 
ing. 

Wheri^s by a Royal Charter l)earing Date the 30'*" Day of June in 
the 17*** year of the reign of King Charles the 2** there is gmnted to us. 



COLONIAL RECORDS. 237 



Our Heirs and Assignes, full and absolute Power and Authority to make, 
erect and cx)n8titute within the said Province and Territory, such and so 
many Seaports, Harboui's, Creeks and other places for Discharge and 
unlading of Groods and Merchandizes out of ships. Boats and other Ves- 
sels, and for lading of them in such and so many Places and with such 
Jurisdictions, Privileges and Franchises, as to Us shall seem most expe- 
dient, and that all and singular the ships. Boats and other Vessells which 
shall (iome with Merchandizes and Trade into the said Province or Ter- 
ritory, or shall depart out of the same shall he laden and unlade at such 
Port,s only as shall he CH)nstituted by Us the Lords Proprietors of the. 
Pix>vinc« aforesaid. Our Heires and Assignes and not elsewhere, any Use, 
Custom or anything to the contrary in any wise notwithstanding. And 
whereas several of the Inhabitants of the Province of North Carolina 
have represented to us the several and great conveniences and advantages 
that may accrue to his Majesty's subjects in General by constituting and 
erecting a Port at Bath Town in the County of Bath, being, as the 
alledge the most proper place within the said Province for ships to take 
in Mastfi, Pitch, Tar Turpentine and other Naval Stores for the use of 
his Majesty's Fleet, and which may l)e purchased by such Merchandizes 
and Comcxlities, as are of the Growth, Production and Manufactory of 
his Majesty's Kingdom of Great Britain. We therefore (being desirous 
to render the Province of Carolina as usefull as may \ye to this his Maj- 
esty's Kingdom of Great Britain, and also considering what great Tracts 
of Land lye contiguous to the said Bath Town which may afford great 
quantities of Naval Stores Pursuant to the said Power granted to us by 
the said Charter & Patent have erected, constituted and appointed the 
said Bath Town, within the Province of North Carolina aforesaid to be 
a Seaport for the Discharge and unlading of any Goods, Merchandizes 
or Wares out of any ships. Boats or Vessels whatsoever, and for lading 
the same again, but with such Jurisdictions, Privil^es and Franchises as 
to any other Sea Port within the said Province of Carolina shall in any 
wise belong or appertain. Provided always that all ships and vessels 
whatsoever coming into or going oift of the said Port of Bath Town in 
the County of Bath afoi*csaid, and lading or unlading any Goods or Com- 
odities there, and the Masters and Commanders thereof and their ladings 
shall be subject and liable to the same Duties and Visitations, Searches, 
Penalties and Forfeitures, as any Ships and their Ladings and any Com- 
manders and Masters of Ships are subject and liable to, by virtue of any 
Act or A(^s of Parliament relating to Trade and Navigation in any other 
Sea Port whatsoever in any of his Majesty's Provinces Colonies or Plan- 



238 COLONIAL RECORDS. 



tatioDS in America. Given at 8* James' under our Hands & Seals this 
!•* Day of August A. D. 1716. 

CARTERET Palatin. FULWAR SKIPWITH for CRAVEN. 
J. COLLETON JA: BERTIE for BEAUFORT, 

M. ASHLEY. J. DANSON. 



[B. P. R. O. B. T. No. Carolina. Vol. 6. p. 37.] 



LETTER TO THE GOVERNOR OF NORTH CAROLINA. 

To Charles Eden Esq" 
Sir, 

Your Report, in answer to our Ijetter wrote to you 26*** March 1715 
concerning the ill use some of our Officers made of the Law pass'd in 
the Assembly, relating to laps'd Lands, And also several Queries you 
put to M' Lee and his answers thereunto, and a Petition of the Inhabit- 
ants of Craven PreiMuct, with your Remarks upon the Cases of the sev- 
eral Petitioners were this Day read at Our Board, and after a due con- 
sideration of those paj>ers, we were all of Opinion, that they were a full 
and just Vindication of our Officers from the unreasonable and malicious 
C/omplaints made j^ainst them by M' Ijcc. But that which gives us 
great sati.sfaction in your Report, is where you take notice that the Inten- 
tion of our Letter to you was the Relief of Orphans and Widows and 
others who were renderM Objects of Compassion by the Calamities of the 
War, but you say hitherto very few have appeared ^ under those Circum- 
stances, but if at any time such shall make their Case known, with very 
great pleasure you will do every thing in your Power for their Relief 
'that we can require of you. This is all that We desire of you; For what 
We have constantly at heart is, that justice may be carefully and duly 
administered in Our Province, and that the Peace and Satisfaction of all 
the Inhabitants under Our Care be most effectually established. 

The Body of your Laws have l)een laid Ixjfore Us, We shall take care 
to peruse them, and repeal or confirm them after due Consideration, as 
we shall think most proper and convenient for the Service of the Coun- 
try. What We have done in relation to the Bills passing in payments 
to Us for our Lands and for our small Quit Rents, We refer you to our 
Letter to the Councill and Assembly, but we have resolv'd that no Land 
shall he sold in the Provinc^e under your Care, but that such sales only 



CX)LONIAL RECORDS. 2:39 



of Land as are made at our Board shall be good and of this We exi)ect 
you shou'd give M' Maule Our Surveyor General notice. 

We have consented that Bath Town according to the Petition sent by 
you shall be made a Sea Port Town, and we have given our Secretary 
Orders accordingly. But how or after what manner it shall 1x3 made a 
Corporation we have taken time to consider of. We wish you all ha|)- 
piness and success in your Government and are, 

Your very loving Friends. 
CARTERET Palatin 
JA: BERTIE for BEAUFORT 
FULWAR SKIPWITH for CRAVEN 
M. ASHLEY 
J. COLLETON 
J. DANSON 
August !•' 1716 



[CouNcrL Journal.] 



The Hon"- < 



Esq' Lds prop*" Dep*^' 



North Carolina — ss • 

Att a Council holden at the Chappell in the Precinct of Chowan on 
Fryday y' 3^ day of Aug^ 1716. 

Present The Hon"* Charles Eden Esq' Governo' Cap* Gen" Adra" 

r Tho- Pollock 

Nath Chevin 

W^Reed 

Ch' Gale 

Fra' Foster 
^ T Knight J 

Upon Petition of Andrew Salesbury Shewing that a Tract of Land 
q* ninety acres formerly Pattented by George Smith is now Laps'd for 
want of being seated in due time pursuant to y* Said pattent and prayes 
the same may be Granted to him 

Ordered that the same he granted as pray'd for 

Upon petition of William Barber Shewing that his Father Charles 
Barber had a Tract of Land Containing acres Granted to him by 

Pattent dated April 1712 which said I^and is now Elapsed for want of 
being seated in due time pursuant to the Tenor of y* said pattent and 
prayes y* same may be granted to him 

Ordered that y* same be granted as pray'd for 



240 COLONIAL RECORDS. 



Upon Petition of Co" W" Maule Shewing that a Tract of Land lye- 
ing upon y® liorse swamp in Chowan was formerly Granted by Patten t 
to John Early which said Ijand is now Lapsd for want of seating 
pursuant to y® Tenor of y* said Pattent and prayes that the same may be 
Granted to him 

Ordered that the same grantetl as prayd for 

Upon Petition of Co" W" Maule Shewing that a Tract of Land on 
y" horse swamp in Chowan Containing One hundred and fifty acres wjis 
formerly Granted by pattent to Isaac Lewis and is now Elaps'd for want 
of being Seated in due time pursuant to the purport of y® said i)attent 
and prayes the same may be grante<l to him 

Ordered that the same be granted as prayd for 

Upon Petition Edward Davis Shewing that a Tract of Land Contain- 
ing Three hundred acres was formerly Granted by Pattent to his Father 
Francis Davis and is now lapsd for want of being seated in due time 
pursuant to y* Tenore of y® said Pattent and prayes that the same be 
granted to him 

Ordered that the same be granted as prayd for 

Anne Smyth by an Instrument of writhing under her hand and pro- 
duced to this Board made a Publick renunc*eacon of her Guardianship 
to Anne Mackoy an Orphan child of James Mackoy's Deed and prays 
that Mr Jolm Porter may have y* Guardianship of y** said Orphan 

Ordered that the sjiid John Porter have Letters of (juardianship for 
y* said Annie Mackoy accordingly 

Upon Retterrinw from the Last Council board Major Thomas Luten 
comes by his Petition Setting forth that Madam Polluck by her Last will 
and Testament bearing date y* Twentyeth day of May 1712 haveing 
nominated and a]}|K)inted him tlic siiid Luten to Ixj Executo' of her I^ast 
will and Testament and for y* Continuacon of the Executoi'ship of divers 
other Wills whereto she was Executr* she did in that her Last will and 
Testament by a particular Clause nominate and appoint yo' petitioner to 
be Execut' to all those wills to which she was Exec*utr* of and he havein 
according to Law Caused the will to be provd in the General Court of 
this province and prayes that it may be centered upon Record and that he 
may have Lettei^s Testamentary Grantinl thereon ac(*ording to I^aw that 
the Execucon of those wills and Testaments whereof she was Executr* 
may not be retarded and that such things in action as pertaine to y* said 
Ester may be fully Administered ac^M)rding to Law 

And Farther prayes that if any Caveat be entered against Letters Tes- 
tamentary l)eing Granted on y' said Eisters Will that he may have a 



COLONIAL RECORDS. 241 



Coppy of it and that a certain day may be prefixed for the determining 
wliither the said caveat be just or Reasonable or not 

And the Hon^** Thomas Pollock who was the Husband of the said 
Hester at the time of her Decease haveing duly Entered a Caveat against 
y' probate of y* said Will or against any Letters Testamentary being 
Granted thereon likewise came this day and argued his reasons for y* 
same and this Board haveing duly heard and Maturely considered the 
reasons urged on both sides are of Opinion and do hereby Order Adjudge 
and Declare that so farr as the said Will relates to the Estates y* was of 
Co" William Wilkenson Decs'd y* former husband of y* said Ester or y* 
Estate that now is of the said Coll Thomas Pollock is voyd and y* and 
that Letters Testamentary ought not to go out thereon But that Letters 
Testamentary may be granted on the siiid Will so farr as it relates to the 
Executorship of M' Harveys will therein mentioned 

Upon Petition of John Avery Shewing that sometime in August 1713 
y* said Avery being in Prince Greorge's County in Virginia met with one 
John Fox aged ab* fifteen years who being Desireous to live in North 
Carolina to learn to be a Ship Car[)enter bound himselfe an ai)prentice to 
y' said John Avery for Six years l>efore one Stith Boiling Gent one of 
her Maj"** Justices of y® said County as is pmctiable in y° Governm* of 
Virginia whereupon y* said Avery brought y* said Fox into North Caro- 
lina with him and Caused the sd John his said Apprentice to be Taught 
and Instructed to read and write and was at other Charges and p]xpences 
concerning him and haveing now made him serviceable and usefuU to 
him in y* Occupation of a Shipp C^arpenter to y'' Greiit Content and 
Seeming Satisfaction of the said Foxes Mother and Father in Law one 
Caiy Godby of Chowan Precinct But y® Said Cary intending to proffitt 
and advantage himselfe by the Labour and usefullness of y* said John 
Fox hath advised the said Fox to withdraw himselfe from yo' petition" 
service and to bring along with him his Indentures of apprenticeship & 
is now Entertained and harboured by the said Cary Godby and there- 
fore prayes that the s** Fox may be apprehended 'find brought before this 
Board their to be dealt with according to Law 

Accordingly the said Fox and y* said Godby this day apjiear'd and y* 
matter being debateil and maturely Considered by this board 

It is Ordered that the said Fox do forthwith return to his said Mas" 
and demean himselfe as an apprentice ought during the remainder of his 
said Terrae and that the said Avery do provide for him and use him as 
becomes such an Apprentice. 

31 



242 COLONIAL RECORDS. 



Upon Petition of Emanuel Lowe Gent Showing that his Father in 
Law John Archdale Esq' Govern' of North Carolina purchaseing a Tract 
of Land in Pasquotank precinct lyeing in the mouth of New b^un 
Creek Containing One Thousand and Six Acres Gave y* same unto y* 
said petitioner and y* some time in tlie month of February Anno Dom 
1696 dureing the time of his being Governo' of Carolina he sign'd and 
pats* a purchase patten t for ye same according to y* Custom of N° Caro- 
lina in y* petitioners name and y* petitioner not being then an Inhabitant 
of N* Carolina the said John Archdale Escj' left the same in the hands of 
Daniel Akehurst Esq' Attorney of y* said Archdale who afterwanls 
caused the same to he. reconled in the Secretarys Office by order of y* 
said John Archdale Esq' which Orriginal i)attent has been seen by divers 
j)ersons particularly by M' Joseph Jurdane who married the Daughter of 
y' said Akehurst and by M' W" Everigen but the Pattent l)eing lost your 
petition" Title to y* same may be like to }ye called in Question prayes 
that a purchase Pattent for y* same One Thousand & six Acres may be 
granted him 

Ordered that a purchase pattent do Issue out to him the said Ijowe for 
y* said Land according to y* former pattent as it is sett forth by y* said 
Petitioner 

Upon Petition of James Beezly setting forth that a Tract of Land on 
Morratack River formerly Granted to Rich** Davenjwrt is Lap** for want 
of being Seat ted- in Due Time pursuant to y* said Pattent and prays y* 
same be granted to him 

Ordered that the same be granted as pray'd 

Then this Board adjourned till to morrow nine of y* Clock 

Saturday Morning Nine of y® Clock this Board mett at the house of 
y* hon^*' y* Governo" 

Present the hon"* the Governo' &c 

r Tho- Pollock 



The Hon"- < 



W"Reed 
ffi-a* Foster 
T. Knight 



> Esq' Lds proprietors Dep 



ties 



^ N Chevin ^ 
The Hon"* Governo' haveing Communicated to this Board a Letter 
from the Governo' of Verginia thereby acquainting him of his Intention 
to Settle the Enoe, Sawra & Keeawawes Indians at Enoe Town and to 
desire y* Concurrance of this Government thereto which being Consid- 
ered by this boanl it is their Opinion that tliis Governm' cannot by any 
means Concur in that affaire by reason that a Letter lately received from 



COLONIAL RECORDS. .243 



y* Groverno' of South Carolina and also laid before this board wee are 
assured that Sawraw Indians are now in Actual Warr against y* Inhab- 
itants of that Grovernm* and we have also reason to believe that the Enoe 
and Keeowaws are also engaged in y* Same Warr 

This Board is also further of opinion that notwithstanding the pres- 
ent necessitys of the Government of South Carolina should Oblidge them 
to come into a peace with y* Indians yet in r^ard they have always been 
a Treacherous and Roguish people It would be of the worst Consequence 
to settle them in any part of this Government. And more Especially 
at Enoe Town it being on the very Frontiers of our Settlement where 
they would be Capable of Supplying our Enemies and do Offices of y* 
most Dangerous Consequence to this and our Neighbouring Govern m* 
of South Carolina 

The Hon"* the Governo' haveing also communicated a Letter to this 
Board from y° Governo' of South Carolina wherein he desires that some 
of our Indians and white men may be sent out to annoy the sawraws and 
other of y* Northward Indians and Enemies to that Government 

It is y* Opinion and request of this l)oard that the Grovernm* Doe 
apjK)int Tenn or Twelve voluntiers with such a number of Indians as he 
shall think fitt to goe out upon that Expidition and that he give them 
such Instructions as to him shall seem meet in that aflTaire 

The Hon**** the Governo' haveing Laid before this Board some papers 
said to be a Coppy of the Journal of the Lower house assembly Dated 
in Novem**' 1715 wherein amongst other things are Conteyned the follow- 
ing Resolves (viz) Resolved that that the Impressing the Inhabitants of 
this Governm* or their Effects under pretence of its being for y* Publick 
Service without Authority of Assembly is unwarrantable A Great In- 
fringm* of the Liberty of y* Subjects and very much weaken y* Gov- 
ernm* by causeing many to Leave it 

Resolved that the Late 111 Treatment of y* Core Indians Contrary to 
the articles made with them and the Teno' of an Act of Assembly relate- 
ing to Indyan Affaires very Injurious to the Justice and Regulacon of 
this Governm* and is likely to involve this Government if not a Warr 
^,th ye liidJans. 

Resolv'd that such [lersons who rcfuse to Take the publick Bills of 

Credit in payment of Fees or Quit Rents or that demand or Receive any 

allowance for Takeiug Fees or Quitt rents in bills do very much lessen 

y* Credit of them and are Guilty of a very Great Breach of tlie a<»t of 

Assembly conserninjj the currency of the bills 



244 COLONIAL RECORDS. 



Resolved that Co" Edward Moseley Speaker M' Joseph Jessup Co" 
Thos Boyd M' W» Swan M' John Porter Cap* Fred^ Jones and M' 
Daniel Macfarlan or any four of them have full power and Authority to 
represent the Deplorable Circumstances of this Governm* to y* Lds pro- 
prieto" and that their Ixlsps be Intreated to accept of y* Publick Bills 
of Credit for y* purchase of Lauds in this Govemm* arwell as in South 
Carolina 

It is the Opinion of this Board that the said Resolves and Every of 
them were Clandestinly obteyned and entered in the said Journal on 
purpose to Torment and Create Differences unreasonable Jealousies and 
Contempt of y* authoritys of this Governm* for that no such resolves 
were ever Published at the same Assembly nor Communicated to y* 
upper hoiLse at the time of y* Setting of y® said Assembly as fti such 
Cases are used and ought to have been and particularly As to the first 
resolve it is the Opinion of this Boanl that the seme Tends very much 
to y* Infringement of y® Authority es and |K)wers of y* Government for 
that it is undoubtedly prerogative to imppress and provide such necessa- 
ryes as they shall see fitting on any present Invasion Insurrection or 
other pressing Emmergensies or unforseen necessaties 

As to y* Second Resolve it is y* Opinion of this Board that the same 
could be devised for no other Intent or design than to Create Jealousies 
and 111 affections in y* People to wards y* present Administration of y* 
Governm* for y* the Core Indian had always Since y® Treaties of pea(Mi 
with them the Greatest Indulgencies till by an Open violacon of y' said 
Treaties they attempteil to murther one of her maj"** subject and stood 
out as Enemies in the utmost Deffyance of this Governm* and that what 
proceedings was afterwards had and Done Against them was done by and 
with y* Concurrencie and assent of y* Governor and Council upon upon 
mature Consideracon thereof fii'st had 

As to the third Resolve it is the Opinion of this Board that the same 
was Devised on purpose to Infringe the prerogative of the proprieto" 
and to Create Jelousie in them of y* faithfull services of y* Officers here 

And to y' Fourth resolve it is likewise the Opinion of this Board that 
the same was Devised on purpose to give some 111 and Disaffected per- 
sons the Liberty Clandestinly to vent their own malice to y* Lds pro- 
prieto" against y' present administration under the nocon and ombrage 
of the Representatives of whole County. 



COLONIAL RECORDS. 245 



[From N. C. Letter Book of S. P. G.] 



LETTER FROM M' RAINSFORD DEL* BY HIMSELF. 

Aug*' 17"^ 1716 
WorUiy S' 

The enclosed is a copy of a letter formerly sent to the Society by the 
Governor of North Carolina laying l)efore 'em the then as well as present 
miserable State of the Inhabitants, for want of Missionaries to enlighten 
*em with the bright Shineing of Christianity in the dark corner of y* 
earth : His Honours meeting with no return of his first letter occasioned 
the trouble of this, and he begged of me (being formerly a Missionary 
there) not only to deliver it to their Secretary with my own hands, but 
in his and the Country's name to implore further assistance from the 
Venerable Body in so momentous a concern. 

Since my arrival here I have been to wait upon my Lord Bishop of 
Ijondon with a letter from the Governor of Virginia relating to my own 
particular behaviour and managements in the plantations abroad ; His 
Lordship upon reading of it was pleased to express a great deal of satis- 
faction for the good servic^es done by me in those parts; and ordered me 
to waite on the Society to know their pleasure whether they were inclined 
to send any further assistance to North Carolina the place it formerly 
belonged to. That poor Colony will soon Ix* overrun with Quakerism 
and infidelity if not timely prevented by your sending over able and 
sober Miasionaries as well as Schoolmasters to reside among them. These 
two years past every third Sunday I constantly preached in Albemarle 
County in North Carolina and have engaged others from going to Qua- 
kerism as can be attested by the Inhabitants : While I was in the Society's 
employ I served 'em faithfully and to the uttermast of my power and I 
shall again whenever there is occasi(m for the service of, Sir 

Your most Obe* & Humble Serv* 

GILES RAINSFORD. 



M' GUY TO THE SECRETARY.— {Extract.) 

I desire you to return my hearty thanks to the Hon^*' Society for their 
seasonable relief and acquaint them that I shall always be ready and 
Careful to oljserve their directions. An instance whereof I have now 
given the Clergy at the said meeting when the Honorable Society's letter 
was produced liefore them by the Rev* the Commissary — wherein orders 



246 COLONIAL RECORDS. 



was given to him (witli the advice and consent of the majority of the 
Missionaries to send one to North Carolina: Tho I was of opinion with 
the rest of my Brethren that none of us came directly within the fore- 
mentioned order as is expressed in our public letter of thanks the 25*^ of 
January yet in olxxlience to the Society's order and to express my readi- 
ness to promote their pious designs offered myself to undertake that Mis- 
sion but my loveing Brethren considering that I was marry 'd and my 
wife near tlie time of her delivery would not approve of my going & 
therefore chose the lU'v^ M' Taylor (1km ng willing) to undertake that 
Mission 



[Council Journal.] 



North Carolina ss. 

Att a Council holden at y* house of y* lion"* Co" Thos Pollock in 

Chowan Precinct on Thurs<lay y* 23** day of August 1716 

Present tlie Hon"' Charles Eden f:s(i' Governo' Cap*" Gen" & Adm" 

f Tho- Pollock ) 
The Hon"V Natli Chevin VEs(i' Lds proprieto' Dej/*- 
(T Knight j 

Onlercd tliat a proc*lamation bc^ Issue out for Dissolving this present 
Assembly 

Up<)n Petition of Cap* Richartl Sanderson praying Appraisers may be 
appointed to apprise y* I^and assignwl and laid out by act of Assembly 
for a Town on Roanoake Iseland puixuant to y* said Act 

Ordered that Jno Man John Scarbro William iScarbro William Tillet 
Ralf Matham Daniel Lyndsey Tlias Johnson William Johnson Moses 
Rinoe Tho* Spencer Josepli Berkeley Archibald Hartley being first 
Swome thereto l^efore some majistrate Doe appraise the said I^nd and 
make returne thereof accordingly 

The Hon"' the Governo' haveing laid Ixjfore this lioard a Letter from 
Co" William Bri(x? Imjwrting that a partie of Indians supposed to be 
Sawras have lately fallen upon them and Killed one white man and an 
Indian slave of y* said Bri(«s and that the said Indians Ap[>eare to Ix? 
Extremely well armed provided with Ammunition and other Necessaryes 
by which we are Inducrt to l)elieve that they arc a i>arty of those Indians 
who have Ixjen lately Treating with tho Goverinnent of Virginia and 
have l)e(Mi there Supply'd with those amies Ammunition &i' W^herefore 
tliis l)oan1 do humbly ret^uest that iln* Govcrno' will bt^ phniscMl to write 



COIX)NIAI. RECORDS. 247 



to the Groverno' of Verginia and desire him that he will not suffer any 
persons to trade with y* said Sawra Indians or any other of the South- 
ward Indians untill they shall Conclude a perfect peace with the Inhab- 
itants as well of South Carolina as of this Government. 



[B. P. R. O. B. T. Virginia. Vol. 60.] 



JOURNAL OF VIRGINIA COUNCIL. 

November 3"* 1716. 

On reading at this Board sundry letters from Co" Eden Governor of 
North Caixjlina signifying that he hath declared war against the Saraw 
Indians & desiring the assistance of tnis Government for cutting off that 
nation it appearing to this Board by the aforesaid letters that the occasion 
of the war which the government of North Carolina have thought fit to 
enter into with the Saraws is grounded upon a rencounter between some 
of the inhabitants of that Province and a party of Indians supposed to l)e 
Saraws wherein the English were the Aggressors and attacked the Indians 
first without any provocation given on their part. This Board are of 
opinion that it is not advisable for this Government to assist in a war so 
unjustly begun & especially considering that the Saraws are under a 
treaty with us (by the consent & approbation of the governm' of South 
Carolina) & have the public faith for their safe passage into this govern- 
ment for concluding a peace And therefore the Council do approve of 
the Answer which the Governor hath already given to Co" Eden on this 
occasion as agreeable to the sense of this Board. 



[From North Carolina Letter Book of 8. P. G.] 



M' URMSTONE TO THE SECRETARY— (Extract) 

North Carolina 

Nov' 13*** 1716 
Sir 

I have already acquainted you with the Report of your Letters by 

Capt' Godfrey (who to the Great astonishment of every body is come a 

second time with a small ship from London) that to the Vestry of Pas- 



248 COLONIAL RECORDS. 



quotank was delivered but is misunderstood by them : they imagine you 
want to knowe what they are willing to allow a Missionary and intend to 
make as large offers they did to me at my arrival & doubtless will be as 
well performed That Parish is now divided into two: the poorer half 
proposed to furnish me with a good House, Land, Stock of all kinds, and 
allow me £100 i>er annunj, if I would abide altogether on their shore and 
yet the whole precinct was hard put to it to raise £30 in five years; it 
was collected in the produce of the Country in the space of three years and 
after 20 Journies 50 miles an end and several vestrys I first got £20 in 
paper money, and a year after with much ado, the remainder in like pay. 

This I have formerly suggested but suppose I am not believed, and no 
wonder, for it is not credible that a minister should be so treated by a 
people who would be thought Christians; and think you the Vestry will 
ever own it! convince me of an untruth they cannot I defy them. 

There was a vestry appointed for Chowan where I have resided six 
years and a half; several Essays have been made towards a meeting but 
there were a majority, at least we had Eight (whereof two refused to 
qualify themselves as the Act which I sent to the Society) directs and 
no we they pretend without a new Act they are no vestry : all to evade 
paying me hoping by that means to drive me out of the Country as they 
have several others before me and so save their money. I oifered to name 
others in the place of those that refused to act, but was answered that I 
was never levied by the parish and therefore not incumbent, the Gov' dare 
not take upon him to do it, for a great part of the Colony are ready to 
unite against him for attempting to remove some of our great officers. 
They say they will have him out by one means or another 

I am like to have a fine time out amidst such confusion : I took great 
pains this year to make divers sorts of grain Barley, Wheat, & Lidian 
Corn, it pleased God to destroy all or most, quite throughout the Gov- 
ernment, we must be supplied from abroad or starve and to complete our 
ruin, we have no meat in most parts. I did once hope to have had pork 
& Bacon of my own, but shall not have a morsel save wheat I feed with 
Indian Corn which is very scarce with me. I have not enough to keep 
me with Bread six n^onths — no Beef, Butter or Cheese no fat to butter 
one nor make soap, no Tallow to make me few candles, so that we 

shall have a tedious winter long and Dark nights, hungry bellies, and 
dirty linen, I have nothing to buy with, let one wants be what they will : 
swamp water goes down worse in winter than in Summer. My Credit 
is lost, I have had so many Bills protested that no body will trust me, 
blessed circumstances but custom makes them something easier, this is 



COLONIAL RECORDS. 249 



not the first complaint I have made, but expect I shall not be believed 
or not regarded wheretolbre, 'tis strange living when a man is continually 
cracking his Brains how to get a Belly full of meat. I was not in Lan- 
cashire my native County at the time of the Rebellion, nor if there, 
would I have joined the Rebells, and why. I must, remain in Exile I 
know not, but if it l>e my doom, I pray I may have £40 per annum in 
two Bills of Exchange payable at Barbadoes, that in West India Groods 
would Keep my House handsomely. I made the like suit to the Siwiety 
3 or 4 years ago and if complied with I had not needed to run into debt 
as I have done and draw faster than money became due, I hope I have 
some in Bajik now & will eat Boild Corn and salt the year out, l)efore 
I'll draw any more. Notitia Parochialis. I travelled as soon as the 
heat of summer was over quite through the Government from end to 
end, 100 miles southward, beyond Menze River 60 miles westwards Vir- 
ginia, and as far northeast. I baptized in the last half year 279 whereof 
1 1 adult, tho' the parents n^lect, want of passage by land and water. 
I left many unbaptized in my travels I found the people of a temper 
throughout the Grovernment very indifferent to religion will l>e at no 
ixiins or trouble alx)ut souls health and at the same time complain of me 
jis if I were bound to go to every house, we have had no communion since 
Easter was twelve months as to other matters we continue statu qito 
These with my luimble respect to the Honourable Society especially those 
who I am known to, are from 

Sir 

Your most humble serv' 

JOHN URMSTONE Missionary 



[Council Journal.] 



North Carolina — ss 

Att a Council hohlen at y* house of Cap' John Pettiver in Poquimons, 
on Thursday y* 15**" day of Nov**' 1716 

Present the Hon"® Charles Rlen Esif Governo' Cap' Gen" and Adm" 

f Nath Chevin ) 
The Hon"V W"^ Reed VEsq' I^s proprieto" Dep"- 
(T Knight j 

Cap'" Frederick Jonas presented to this Board a Deputacon from Lady 

Blake Guardian to Joseph Blake one of the True and Absolute I^ds pn>- 

prieto" of Carolina thereby appointing him to be Dep'^ to y* said Joseph 

Blake which was read allowed and ordered to be recorded 
32 



250 COLONIAL RECORDS. 



Then the said Cap*" Fred*' Jones took and subscribed the Severall 
Oathes by Law appointed to be taken for his Quallifycation and tooke 
his place at y* Board Accordingly 

The Hon"* y* Governo' laid before this Board a Letter from y* Lords 
proprieto" directed to y* Council and Assembly of North Carolina and 
their being at present no Assembly the said Letter was oi)ened and reatl 
wherein y* said Lds proprieto" has given this Board to understand that 
the Clause in the Act of Assembly oblidgeing the Receiver Gen" to take 
the Bills for Quitt rents &c be repealed and y* they Expect the purchase 
money and Quitt rents to be paid in Sterling money of Great Brittain 
or in the produce of y* Country to the value thereof 

Whereupon Daniel Richardson Esc^' Receiver Gen" made application 
to this board to know how he should proceed in his Collection of y* Quitt 
rents that are now in arreares In answer to which this Board are of Opin- 
ion that he ought to pursue y* Lds prop" Instructions to him but in r^ard 
of y* Great Scarcity of this present Yeare It is likewise the opinion of 
this board that where people are poor and readie to pay without further 
Trouble that he only recieve one yeare and lett y* Remainder stay in 
Arrears till y* next 

This Board taking into their Consideracon the Great Scarcity of Grain 
in the Country Doe ord' that no Grain be Exported from hence forward 
till fiirther Order from this Board and that the Collector and other Offi- 
cers of y* Customes within this Government and all others wliom it may 
Conseme doe take notice tliereof 

Ordered that the Secretary doe prepare a Ixitter to the Lds proprieto" 
setting forth the Inconvenience that will Accrue to y* Country and y* 
Ldps by stoping the sales of Land 

Upon Petition of Gerrard Linch and Kathrine his wife Relict of Henry 
King Det«sM praying that Dividers may be appointed to Divide y* Estate 
of y* said Henry King 

Ordered that John Hardy Es<i' Capt"* David Henderson Lewis Brian 
and Tho" West or any three of them doe make an Ec]ual Division of all 
y* n^roes Goo<ls & Chattells that were y* said Henry Kings into three 
Equal parts and then the said Katherine have her first Clioice of one 
third thereof and that then the said Dividers do divide y* remaining 
Two Thirds equally betwern y® several Children of y* said Henry King 
the Eldest takeing his first choice and so proceeding to y* youngest and 
that the said Girrard Luich doe at y* next precinct Court held for 
Chowan precinct Give good and Sufficient Security for such parts of y® 
said Estate as shall be due to such young Children as remains under the 
Care of him y* said Gerrard and Catherine 



COLONIAL RECORDS. 251 



[B. P. R. O. Pbofbietiiss. B. T. Vol. 10. Q. 96.] 



EXTRACTS OF SEVERAL LETTERS FROM CAROLINA 
RELATING TO THE INDIAN WARR AND THE PRE- 
JUDICE THAT PROVINCE HAS RECEIVED FROM 
THE VIRGINIA INDIAN TRADERS REFER'D 
TO IN M' BOON & BERESFORDS RECE* 
Y* 5 OF DECEMBER 1716 

SOME PABAGRAPHS OF LETTEBS FROM SOUTH CAROIJNA. 

May y* 16** 1715. 

The Sarraws give out amongst the Wineaus and Norward Indians 
that they are ordere<l by the Virginia Traders to destroy this Country 
and do their utmost Endeavours to draw those Indians with the Waoe- 
maus to their party, they offer them phmjJer and threaten tliey will des- 
troy all that will not side with them 

June >-• 19"^ 1715 

We have an account "^ some Indians that are lately taken that the 
Virginia Traders encouraged our Indians to do what they have done & 
promised to supply them at a much easier rate than our Indian Trailers 
did and that they would give them much better treatment. We liave 
the namt^s of some of tliem wlio encouraged tliem to commit this barba- 
rous act. I shall not say any more of this matter till we have a further 
account, 

April y* S*** 1716. 
8' 

I perceived in the accounts of our affairs in England that the Lords 
Comm" of Trade are infonned by M' Byrd of Virginia several things 
which he knows but little of. But in one particular he is right, wliich is 
our Traders trusting so" largely their G(X)ds to the Indians, but as to 
every thing else it is false notions of the management of Indians who 
are naturally proud and only want good stores of our goods to set them 
on mischief. And if they were to have a good supply of g(K)ds at Vir- 
ginia rates they would soon l)e our Masters, no people keeps their Indians 
in so much subjection as the Spaniards and only by keeping them {K)or, 
M' Bird makes mention of their Tributaries in how great order they 
keep them, which altogether are but very few and compoundwl of at least 
eighteen or twenty different nations and the largest of them not above 



262 COLONIAL RECORDS. 



eighty men and some but ten men. I heartily wish Virginia had all our 
Indians so we were but secured from them. That they may try whether 
their cheap selling them goods and kind usage would avail anything to 
such a number. There's another false ascertion from a new England 
Merchant that we used to set our Friendly Indians together to war on 
each other for the advantage of slaves, which you know to be Falce and 
that it was always our care to keep tliem at Peace which we dearly pay 
for now. 

I desire you will also take notice of the False Representation of the 
Virginiaas in England when S' Nathaniel Johnson was our Governor, 
wherein is asserteil that the Cattabas are in their Government which to 
your knowledge is not & I have taken the Latitude of the most northern 
Towns of those Indian Settlements which I found to l)e to the north- 
ward of Charles Town but 89 miles 

April y* 23"* 1715. 
Two or three days since came an old Indian Man from the Wacca- 
mawe Indian y' lives not far from the Wineaus Settlements he desinxl 
peace for those people, lie detJares tliat the Sarraws have ammunition 
from Virginia and that it is those wlio have done us the Mischief this 
Warr on the other side of Santee River. 

August y« 6"^ 1715. 
Wee knowing that it was impossible the Waccamaus should be Sup- 
plied with ammunition from the Spanianls asked them how they c^me 
by it Sincxi this war ; they answered that what little they had they got 
from the Sarrdws who constantly used to carry Slaves, Skins and other 
goods taken from us (of which they had a large share) to Virginia in 
lieu of which they returned home with Ammunition and what else they 
wanted, this Ijeing a great abuse, we hope you will represent it as such 
for this means they have been and still are enabled to hold against us. 

Carolina Aug^ 30"* 1715 
S' 

Our Negosation with Virginia you have a Relation of in our publick 
Lett' Nevertheless it may not Ik? useless that I give you my thoughts on 
the designes and management of those (xentlemen. 

They advise us that our Northern Enemies have courted them for a 
Trade witli them, and that they have layd thejn under a promise of a 
ceasation of arms against us ; and have ordei^'d them to return with a 
certain Numlxir of y^ great men ; y* winch are to (x)nsist of all our 
Northern Enemies ; with whom y* Coll" Spot^wood writes us y* hc»e 



COLONIAL RECORDS. 263 



thinks if hee brings all of them to a Nntralitie it will be very much to 
our advantage. 

And I believe he designs no more, because Cap* Evans whom he sent 
hither as commander in chief of all his Forces : Declares that all his 
Instructions are that he shall not Fight against our Northern Enemies, 
wherefore I believe that Evans will return for Virginia. 

Now S' knowing how they treated the people of N® Carolina when 
they were at war with y* Tuskaroras, together with the fund of money 
layd out (and by whom) for y* carrying on of y* Indians Trayd. 

I must judge they are willing to have us in a continual war with our 
Southern Indians that they may have the whole Trade with the Noi-thern ; 
Because it's certain as long as our war continuc^s with any one party we 
cannot trade with the other. 

Butt a far greater mischief attends any of our Enemies being brought 
to, or allowed to l)e Nuters, because under that covert they will both 
supply and assist our Enemies : then the sweat and Blood of our people 
will («nter in the coffers of the Indian trading company of Virginia 
(the w''*' I think they hope for). You will find in our address to y* 
King, we pray him to command that a war be proclaimed in Virginia 
with all our Enemies And I hope you will with all earnestness press it, 
the which being granted, we have reason to judge would soon end the 
war: But if the contrary and any of our Enemies stand nuter, the 
charge will ruin us and we must leave this our hopefull place. 

April 21. 1716. 

I find by an address of thanks from many merch** and others of Lon- 
don to Coll"* Spotswood Governor of Virginia he is esteemed to be our 
only supporter and deliveror out of the Hands of our Enemies now it 
must he confest that ujK)n the arrival of M' Middleton who was si»nt to 
desire his assistance our messenger was receaved & treated at first sight 
with great civility and large pn>mises of assistance but when the terms 
came to l)c stipulated he was forced to promise that for every man they 
suifered to come we should return an able Ne^ro woman instead which 
should continue there and make goo<l all the time each man should be 
al)sent and that the transportation of l)oth black and white to and from 
the places should l)c at our cost and every man so sent should have 30 
■^ month and that we should pay what debts they ow'd in Virginia as 
far as that 30 *^ month would reach the inmiber of men sent was 

But their offictTs and about 10 more excepted they were the nuxst igno- 
rant ci'ceping naked |)eoplc that ever was seen for such a numl)er Uy- 



254 CX)LONIAL RECORDS. 



gether and I verily believe many of them did not know how to load a 
gun some of them did confess they never did fire one, the armes that 
were sent with them were like themselves and so broke and out of order 
that above three quarters of them were sent to the smiths to be mended 
and M' Middleton told us that the Governor had several hundred of 
ehoise armes which he desired part of for those men, the Gov' answered 
they were the King's and he wuld not spare them. He also supplyed 
us with some powder and shot but set such price on it in Buckskins y* 
we could buy powder at 4 pound '^ 66ft) cheaper in our own town when 
that arrived. 

When M' Middleton arrived and let us know his n^otiation we were 
amazed at the sending of the Negroes and could not think it by any 
means practicable but in lieu th<Teof offered the men 50" "^ month with 
which they were content so tliat tlicy had 4 pound "^ month : the which 
we thought generous. 

Now the Govenior of Virginia taxes us with breach of contract and 
has upbraid ingly writt to us on this foot, the whole story is too long to 
rec^ite : and I supi>ose you are thoroly tyred with the jK)taige you have 
liad &c. WhenHijK)n know my resolution is to proiH)se that the whole 
stipulation and other passages that liave happened be truly copied and 
put in print in London that the world may see how Coll® Spotswood has 
dealt with us and then tliey may judge wliether his n^rd were not 
paid to our Buckskins and wliether his ignorant mortals have defended 
us for we have sent back all that wore willing to go and were glad to he 
eased of the charge altlio we should be glad of a numl)er of giKxl men 
that our Planters might return to their Homes. 

(Indorsed) 
£^^} 5- Da.. 1716 
Q. 96. 



[ExTRAcrrs prom Journal op South (Urolina House op Assembly 1716.] 



[No ft— Pagp 8— Page :«8. Original.] 

Governor Hunt^T and (Governor Eden (jlaim also our lx»st acknowl- 
iHlgments as jx»rsons sinwrely alfe<;ted with our calamities. The one 
s(*nding us a very cH)nsi(lerable assistant in gallant & expert officers and 
soldiers; & the other lal)oring with the greatest application and industry 



COLONIAL RECORDS. 255 



to engage the warlike Senekas in our cause, a people who by the power 
of their arms and terror of their name, are alone ajual to the War, and 
sufficient to subdue all our enemies, and whom we may daily expect to 
that purpose. 

CHARLES CRAVEN. 

Upon a motion being made, that an address of thanks be returned to 
ye Governor for his si>eech made t4) the House; Ordered that Arthur 
Middleton Esq. Maj James Cockran, M' Benj. De T^a Conseillere and 
M' Tho' Diston be and they are hereby appointed a committee to draw 
up an address to that purpose and that they prepare and bring in the 
same tomorrow morning. 

[Page 9—338 in the Original.] 

The House being informed that Lieut. General James Moore 
and Col.* Maurice Moore attend according as the House desired, who 
aooording to order being admitted in, M' Speaker (by direction from 
the House) informing them that the House desired to know their 
opinion, whether or no, one hundred white men might not be suf- 
ficient to go along with ye said Indians or ye aforesaid expedition, 
they declared, they were of opinion, that one hundred white m^n were 
certainly sufficient for that purpose ; and then they witlidrew. 

Lieut. James Moore being sent for again was (by M' Speaker) desired 
to let tlie House know if he had discoursed with Cherokee Hecky relat- 
ing to tlie aforesaid one hundred white men, & he informed the House, 
that he had already discoursed witli him on that subject, who told him, 
that one hundred white men were sufficieqt to go on the said expedi- 
tion. 

The House proceed to take under debate the other jmrt of the afores- 
said written message, relating to the number of arms and ammunition ; 
and after some time spent thertan ; Resolved ; that two hundred arms 
and ammunition proportionable be provided tor the aforesaid expedi- 
tion. 

Ordered ; that the Clerk of this House draw up an answer to ye afore- 
said written message of the Governor and Council. The Clerk having 
drawn the said Message, it was agreed to by the House and ordered to l)e 
engrossed. 

[Page 16— Page 343 in the Original.] 

A Message from the Governor and Council by Capt. John Croft Dep. 
Secretary with a petition from Col. Maurice Moore recommend to the 
consideration of this House. 




256 COLONIAL RECORDS. 



Resolved ; Tliat thiH House will, at their meeting this afternoon take 
the same into consideration. 

In the afternoon the House met according to adjournment. 

The Houst* (acconling to order) proc^eedwl to take into consideration 
the petition of Col. Maurice Moore, which was thereujK)n onlcreil to l)e 
read, the said s[)eech was read aarordingly; Upon motion and debate of 
the same. 

Onlcred; That Col. Maurice Moore be desircn:! (by the Messenger) to 
atttend this House, and when come into the same M' Si)caker do give 
him the thanks of this House for his service to this Province, in his 
comcing so (cheerfully with the forct^ brought from North Carolina to 
our assistance, and for what further services he and they have done since 
their arrival here. 

The House l)cing informed that Col. Mauric-e Moore attended ; it was 
ordered that he should Ixi admitted ; who was admitted aawrdingly, and 
M' Spi^ker (atxx)rding to order) gave him the thanks of this House for 
his said services; And having expressed his acknowledgment to the 
House for that favor, he then withdrew. 

On a further debate of the subject; matter contaijietl in the petition — 

Resolve<l ; That for the encouragement of the private soldiers who 
came from North Carolina to the assistanw of this Province, to continue 
longer in the serviw of the sjune in the ex])(?dition to the Cherokees, and 
also for such other soldiers as may serve therein, that the sum of six 
pound current money per month be allowed to each of them, and so 
proportionable during the time they shall remain in the said service and 
that su('h of them who shall provide themselves horses shall be alloweil 
seven Pounds per month. 

Resolved ; That for an encouragement to the officers who shall com- 
mand the said soldiers in the said Cherokci* expedition ; that the Lieut, 
(jreneral of those forws Ix^ allowetl forty Pounds per month ; three other 
officers each sixteen Pounds per month and one other officer twelve Pounds 
l)er month, and so proportionable during the time they shall remain in 
the said servi(v. 

Ordered; That Col. Maurii'e Moore, (by the messenger) be desireil to 
attend this House who attending accordingly; Orderc^d ; That he he ad- 
mitted in ; and that the two alx)ve resolutions Ixi read to him when he is 
so admitt(Kl. The said Col. Moore lx»ing admitted accordingly, and the 
aforesaid n^solutions read to him by the C'lerk He declared that the 
em^ounigement therein given was sufficient and after desiring copies of 
th(* said two rt»solutions, he withdrew. 



COLONIAL RFXJORDS. 257 



Resi)lve<l ; That copies of the said resolutions he given to Col. Maurice 
Moore according to his desire, and Ordered that the same l)e attested by 
the Cl'^ of this House. 

M' Tho' Diston made a Report, from the Committee apjK)inted to buy 
the Indians trading goods, which are to be sent to the Cherokees; That 
they had agreed for several goods for that purpose which Re|)ort he read 
in his plact;, and afterwards delivered in at the table. 

The Committee ap{K)inted to buy the Indian trading gcxxls, do Refwrt, 
That the Said committee have bought most of the said goixls this House 
onlered them, the particulars whereof will appear by the several Bills of 
parcels now laid before this House, but that there is still wanting 62 guns 
and 25 hangers to complete the complement of goods this House ordered 
the said Committee to contract for. 

Upon debate of the subject matter of said Report, 

Ordered ; That an endorsemejit be made on the back of the acc*ount of 
every parcel of goods lx)ught for the use of the Cherokees, and that the 
same l)e in the following form of words, viz ; Pursuant to a resolution of 
the General Assembly, impowering a Committee of this House to buy a 
certain quantity of Indian trading go^xls, arms and ammunition for the 
use of the Publick, this engages the public faith to make payment and 
satisfaction for the within mentioned goods amounting to the sum of 
at the time and after the manner herein specified. 

Ordered ; That M^ SjKiaker sign the same and that it be sent to the 
Governor and Council for their concurrence. 

[Page 28— Page »50 in Origiual.j 

Thursday March S'^ 1716. 

The House met according to adjournment. 

The Clerk (according to Order) having prepared the addrc»ss to the 
Governor, direct^nl to be drawn yesterday by the House; he read the 
same at the table which was agreed to by the Hou.se without any amend- 
ments. 

Ordered ; That the said address be engrossed. 
May it please your Honors. 

This House having under their consideration the expediting the send- 
ing away the forces for the intended ex|)edition to the Cherokees humbly 
desire vour Honors to commissionate Lieut. General James Moore for 
that purjK)se, and four other officers under hmi, to three of which this 
House thinks fit for their encouragement to allow sixteen pounds eac^h 
per month, and to the other twelve pounds per month. And do recom- 
33 




2oH COLONIAI. RECORDS. 



N 



mend to your Honor Col. Theophilus Hastings, Col. Alex' Macky, Major 
John Herbert and Capt. Joseph Ford to \ye the said officers. 
Ordered ; that M' Speaker do sign the same. 

THO. BROUGHTON Sinaker. 

Ordered ; that Benj Schenckingh & Capt. Walter Izard do carry the 
same message to the Governor. 

Resolved ; that a message be sent to the Governor relating to the offi- 
cers who are to command the forces designed for the Cherokee expedi- 
tion. 

Ordered; that the Clerk draw up immediately a written message for 
the purpose, which was drawn up (according to order) and accordingly 
read by him at the table, to which the House having agreed with some 
amendments. 

Ordered ; that the said message be engrossed. 

[Page 87— Page 355 Original.] 

Upon motion, Ordered ; That Col. Mauriw Moore be by the messen- 
ger of this House desired to attend this House iuimediately ; who attend- 
ing accordingly, ortlered; that he be admitted in, who was accordingly 
admitted. And M' SjKjaker (by ortler of the House) acquainted him 
with the desire of the House, that he give orders to draw up the forces 
that came hither with him from North Carolina, ^^omewhere without the 
Town, in oixler to know which of them will c<)ntinue longer in the ser- 
vice of the War ; which he promiseil to see and get done forthwith ; and 
then withtlrew. 

I Page 40— Page 357 Original.] 

Upon motion; Ordereil; that the Commissioners appointed by an act 
of Assembly, for raising forces &c do draw an order or orders on the 
jMiyraaster to the Army, to j>ay the forces that came from North Carolina 
under the c^ommand of Co\, Theophilus Hastings to the assistance of this 
Province what money is due to them, in ortler to their l)eing sent home. 

Ordered ; that M' Spcjiker sign this order, and that it Ik» sent to the 
Governor and Council for their Concurrence. 

THO* BROrCJHTON Si>eaker. 

No 5. Assented to in the Upper House. 

CHARLES CRAVEN. 

Ordered ; that Capt Mw. Hyrne & Mr Samuel Wnigg carry the Said 
order to the Grovernor & Council. 

A Message from the Governor <fe Council by Capt, John Crott Dep. 
Secf'' who returned the order signed by the Grovernor, relating to paying 



CK)IX)NIAIi RE(X)RDS. 259 



Col. Hastings men, & sent the ])etition of William Gray recommended 
to this House. 

[Page 72— Page 371 in Original.] 

A written message from the Governor and Council by Capt. John 
Croft Dej). Sec*^ and with a letter from Col. Theophilus Hastings to Ijieut. 
Gen. James Moore recommended to the consideration of this House. 

M' Speaker and Gents. 

I have sent you the messenger that brought me the express from the 
Cherokees, that if you have any inclination to examine him he is then* 
ready to answer the questions, I desire you to send me back Col. Hast- 
ings letter. 

CHARLES CRAVEN. 

The House being informed that Patrick Carrill who brought the said 
letter to the Governor attended he was admitted in, and examined as to 
some matters relating to the same and then withdrew. 

[Page 170— J 

Friday Nov. 16*^ 1716. 

The House being informed, that the Commissioners of the Indian 
Trade, attended in onier to lay an account of their proceedings as such, 
l)efore this House. 

Ordered; that they Ik? admitted in who were admitted accordingly; 
and having laid their several papers, relating to their proceedings & 
Col. Hastings journal before the House; they then withdrew. 

Resolved ; that the said proceedings, Journal and jMipers he taken in 
consideration at the mcH3ting of the House this aft;ern(M)n. 

The House adjourned till the aft«riux>n three o'clock. 

In the afternoon the House met according to adjournment. 

The House taking under Consideration and delmte, the demands made 
by Col. Theophilus Hastings principal factor of the Indian trade u|K>n 
the Commissionei*s thereof. 

Upon reading the first article of said demands; 

Resolved ; that it is the opinion of this House, that three assistant^^ 
are sufficient for and that si> many l)e allowed the said Hastings, and 
that they be under him in carrying on the Indian trade at the Cherokees. 

Upon reading the second and third articles of the same. 

Resolvtnl ; that no expenses l>e allowed the said Hastings during the 
time of his stay in Charles Town, nor any thing allowwl him to buy 
Iwiskets or any thing else among the Indians for his own use; but that 




260 CX)LONIAL RECORDS. 



for his encouragement, the sum of twenty Pounds over and above what 
the Commissioners of the said trade do allow him, l)e paid annually, out 
of the profits of the stock of the said trade. 

Upon reading the fourth article of the same. 

Resolved; that a blanket be given each of the two Indians who came 
down into the settlements along with the said Hastings. 



[From N. C. Letter Book of S. P. G.] 



M^ URMSTONE TO THE SECRETARY. 

North Carolina Dec' 15*^ 1716 
Sir. 

In my last of Nov' 13*** last past I gave you an account of the extra- 
ordinary pains I have taken the last autumn; that I had visited all the 
corners of the Colony however ()l)scure or inaccessible, Baptized great 
numbers, but not all that wanttnl it, through the stupid neglect of Parents 
&c and want of assistance in passages over all the petty creeks and 
swamps, wh*** are almost between every House : the humours of the peo- 
ple in general being such, that when their turn is served, they care not 
who goes unserved. If I must c(3utinue here I shall attempt another 
progress in the Spring, God willing provided the Society shall not think 
fit to send more Labourers in this uncultivated vineyard and and then 
possibly I may stop the mouths of many complaints of neglect in my 
late endeavours. 

By waiting to see what the Vestry would do & expecting an account 
of money is due to me from the Society and all my debts paid, I am 
reduced to great straits, in so much that I am now forced to draw afresh 
or starve ; supply I expect none from the Country. The Governor can 
do me no service, for all are ready to kick against him and the sure way 
not to speed is to desire his assistance. Governors and Ministers here are 
generally accounted useless, Burdensome and ever enemies to the Coun- 
try. I pray you therefore desire the Treasurer to the Society to pay to 
Joseph Jekyll Esq' His Majesty's Collator of Cust^mis at Boston in 
New England, or his onlcr 20 pounds sterling (bills of e(jual date being 
produced) and if his (X)rrespondent the Bearer hei'eof will undertake it 
pay likewise 40 pounds of like money to l^e investeil in goods to buy me 
l\ or 4 Nt^roes in Guinea; but if he refuse I lieg some Inxly may be 



COLONIAL RECORDS. 261 



employee! to engage some Guinea Capt" or Merchant to be delivered to 

the aforesaid Jo" Jekyll or to me 3 N^roes men of middle stature 

about 20 years old and a Girl of about 16 years, here is no living with- 
out servants there are none to be hired of any colour and none of the 
black kind to be sold gocxl for anything under 50 or 60<£ white servants 
are seldom worth keeping and never stay out the time indented for. I 
likewise desire a Bill of Exchange for £20 sterling payable to me or 
onler at Barbadoes. I believe I have more due for according to my 
account: on the 25*** Instant there will be an hundred [wunds coming to 
me. I shall be glad to hear my requests are complied with and till then 
must struggle with a hard Winter, scarcity of Provisions, and rub through 
many more difficulties with all the patienw I am endued with and ever 
be. Sir, 

Your most humble Serv* 

JO- URMSTONE 

Missionary 



[Records of General Court.] 



At a Generele Court of Oyer & Terminer & Gen*" Gaol delivery held 
at the House of W" Branch in Chowan Precinct the 2* Aug* 1716 
Pres' Christopher Gale esq' Ch Justice 

tJoT HarJey } ^" '"'^ Assistants 

The Grand Sury Impaneled and sworne 
Jos'* Sanderson fforeman 

R* I^wis Jn* Robinson R"* Sewell 

Jo' Porter Tho' Rogers Dav* Jones 

Tho' Luten Jun' Edw* Howcott Jn^ Jennet 

Jam* Ward Tho' Everitt Martin ffred*' Razon 

Jam* Blount ffra* Branch W" Leary 

Tho* Yates Geo' Houghton Jn"* Woodhouse 

W"* Yates Walls Bray 

Jacob Rightley Bound to appear at y* Court api)eard, and is dismissed 
without day paying costs 

Jn"* Worley cttHf is appointed overseer of the Highway from M' Ix)ngs 
on the kSouth shore to the fflatt swamp and all pei*son within the s** Lim- 
its an* requirtnl to work on the same Roads 

Jn° Worley es<|' desiring a road to lie cleared from the Pau|)an Neck 

m 

to Kendricks Creek. 



262 COLONIAL RECX)RDS. 



Ordered tliat Jain' liong, Tho' Long, Jam' Hooper Tho Hawkins 
Tlio' Stealey Benj" Bloun' R* Canaday, R* Swinson Jn** Browney Nieh** 
firightman Jn° Swain & Jn** Simpson l)e appointed a jnry to lay ontthe 
same being first qnalifVM and that they observe the I^aw in that case 
made and Provided. 

Ui)on the Petition of W" Stephens setting forth that an apprentice of 
his Jn° Rutter deserteil In's serviw and is detaineil by Jam' Thickpen and 
the s* Tliickj)en appearing and shewing no Ijawfnil cause for detaining 
him, Ordered that the s* Apprentice lye returned tf> his s** Master and 
ix)ntinue with him a«x>rding to his Indenture 

Upon tlie hearing of sundry complaints of W" Wilkison and Sarah 
his wife, & Jn° HasseU. 

It is ordered that the s** Jn° Hassell give security that he shall not 
cohabitt. with the s** Sarah Wilkison 

And now here at this day Jn* WattsoM in Custmiy of the Marshall to 
the barr here brought in his proper person came and being asked how of 
the Crime afs** he would acquitt himself, said, that he is not thereof 
Guilty & of this he putts himself upon the Country and Dan" Richard- 
son who on this behalf followeth for the King likewise 

Therefore immediately came a Jurv thereof, and the Jurors of that 
Jury by the Marshall Impanneled being called (y* is to say) Henry Bon- 
ner Lem" Taylor Tho : Spight, Jn'* Harlow Xph' Dudley Edw* Jack- . 
son ffra* Pridgeon, Cha" Hopten, W" Thompson John Goodin, Orlando 
Cham|)e()n, Jn^ B<?verly Api>eard, who to speak the truth of and ui)on 
the premises chosen, tryed and sworn say ujwn their oaths 

We of the Jury find the Def* not Guilty 

Onlerwl that the s** Wattson l>e dismissed without day paying his fees 

And now here at this day Dan* Richardson Escj' Attorney Generall of 
our Lord the King being p'sent here in Court in his proper person and 
l)eing spoken to and asked if he against the said Mary Lee had any 
Information or presentment to make that the same nn'ght l>e laid liefore 
the Grand Jury answered, No. Whereupon by the Court here the said 
Mary I^iCe is dismist without day 

To the Hon**'* Christopher Gale Esc|' Ch : Justice & to his assistants 
for holding the Gencll : Court fi)r this province 

The Jurors for our sovereign Lord tlie King that now is presents 
Hugh Davis of the PretMuc^t of PtHjuimons in the County of Allx^marle 
in the Provin(!e al^ fi'or that he the s** Hugh Davis on or about twentieth 
day of Xov' 1715 di<l uulawfully uiismark sc^vcn pigs Ix'longing unto 



OOU)NrAL REC^ORDS. 2(W 



Cap" John Pettiver Esq' Contrary to an act of assembly in that behalf 
made and provided. 

DAN» RICHARDSON Attorney Gen" 

And upon this at the self same Court before y* af** Justices the af** 
Hugh Davit in Custody of the Marsh" to the Barr there brought in his 
proper person came and being asked how of the crime af he would 
aoquitt himself said that he is not thereof Guilty and of this he putts 
himself upon the country and Dan* Richardson who in this behalf fol- 
loweth for the King likewise 

Therefore imediately came a jury thereof & the Jurors of that Jury 
by the Marshall Impanelled being called (that is to say) Henry Bonner 
Lem" Taylor, Tho. Spight, Jn° Harlow Xph' Dudley Edw** Jackson 
flFra* Pridgeon Cha' Hopton, W" Thompson, Jn** Goodin, Orlando 
Champion, Rich* Batchelor appeared who to speak the truth of and upon 
the premises chosen tryed and sworn say upon their Oaths 

We of the Jury find the Def* not Guilty 

Ordered that the s'* Davis be Dismiss** without day paying his fees 

To the Hon"* Christopher Gale Esq' Ch Justice & to his assistants 
for holding the Gen" Court for this Province 

The Jun)rs for ouf Sovereign Lord the king that now is presents M' 
Tho* Lee in the Precinct of Chowan in the County of AUxjmarle in the 
Province afs** for that he the s* Tho' I^ee on the tenth day of July 1 716 at 
Chowan afs** maliciously a certain false Libell in writing to the Defaming of 
Cap* Jn" Worley Esq' one of the Justi(^es of the afs** Generall Court did 
issue forth and Publish <!ontaining Inter alia tUot^t false and scandalous 
words following Thro' his ignorance and spiglit to me (meaning him the s** 
Thomas I-<ee) I am like to be a great sufferer in many particulars for he 
takes opi)ortunity (meaning him the s** John Worley) of giving ill advice 
to my servants, and to give it to the prejudice of their master, and upon 
complaints made to him for debts alx>ve the Value of Twenty shillings 
he does not stick (meaning him the s* Jn^ Worley) to intermeddle with- 
out law on his side but grants oniers for the same and severely repri- 
mands the Constable and Comands him not to give Copies of the War- 
rants & Orders he Executes, he exacts more ffees than the law allows 
which is contrary to the Oath, and when GoikIs are taken in Execution 
and the money Tendered he orders the officers not to Deliver them, & y* 
Instead of doing his duty (meaning him the s** John) he broke the Peace 
whereby the s* John is Scandalise! &" And is agaipst the Peace of our 
Ijord the King that now is his Crown and Dignity. 



264 CX)I/)NrAL RECORDS. 



Wee the body of the Grand Jury for Albemarle County in the Prov- 
ince of North Carolina do present Charity Brown for that she liath a 
Bastanl Child at the House of M' Tho«* Rogers in this Precinct of 
Chowan 

Also in Currytuck Precinct one Edw* Bonne leaving a wife in Vir- 
ginia and kt^ps a whore in this Goverm* by which it very ])lain appears 
that She hath several 1 Bastards by him the s** Bonne, 

Also one Susanah Bn)wn living at Petty Shore hath two Bastards 

Information of Cap* Jn" Worley also who keeps in his house the wife 
of Jn** Hawkins she having severall children Contrary to Law. 

JOS'** SANDERSON 

Adjournal to the Court in Course 

C. GALECh: Just: 



North Carolina — ss 

Charles Eden F^f Govern' Cap* Gen*" & Adm" of this Province 

To Richard Sanderson, Jn° Blount, Tho' Miller Griffin Jones, Tho : 
Harvey, Jn" Palin, Rob* West Jn^ Worley, Benj" West, Jn* Hardey Escf 
Greeting 

By vertue of a Commission and Instructions from his Excelly the 
Palatine and the rest of the R* Hon"' & Hon"* IaV Pmp" of Carolina to me 
directed thereby ap[K)inting me Govern' Cap*" Gen" & Adm" of this 
Province of North Can)lina with full power and authority to comission- 
ate and appoint all offi«>rs within the sjime as well civil as military. 

I therefore being well assured of your Prudencre Ix)valty and Integ- 
rity doe her(»bv comissiouate and ap)K)int you joyntly and severally (dur- 
ing my pleasure) Justices of the Peace of this Government to keep or 
cause t4» Ix? kept his Maj*" Peace its also all laws and Ordinances made for 
the well Govemm** of the .^ame. 

And forasmuch as the IaV Prop' have by their Comission under their 
hands and Great Seal to Christopher (Jale Esq' their Chief Justice re- 
quired me and their Ixl''* Deptys here to ComiKsionate and appoint cer- 
tain Persons of known skill and abilitv to l)e assist^nits to him the 8* 
Chief Justice in holding of Courts and hearing and determining of all 
Pleas V* mav lx» brourfit before him. Therefore I do bv and with the 
advice & Consent of the Council af** hereby authorize and Imjwweryou 
and any or ever}- two of you l)eing present to be assiK*iates or assistants 
to the s** diief Justia* in holding a Generall Court for y* Province at the 
times hereafter Expres'd (That is to say) <m the last Tuesday in the 
Months of Man'h Julv and Octol)er vearlv and in v* holding: of all 



COIX)NIAL REa)RDS. 265 



plea.*, hearing and determining of all actions suits and causes whatsoever 
as well civil as criniinall Real Mixt Personall or any other kind or nature 
whatsoever to proceed thereon and award Judgements with as full power 
and authority as any Justices of the Generall Court heretofore might, 
could or ought to have done in all things procc»eding according to the 
Laws and customs and Usages of this Government, and as noer as may 
be according to the Laws and Customs of Greats Brittain Given under 
my hand and seal of the Colony this 22** day of October in the third 
year of the Reigne of our Sovereign Lord King George Annoque Dom. 
1716 

Recorded this CHARLES EDEN 

I'' Nov' 1716 
R. Hicks Crk Court. 



At a General Court of Oyer & Terminer & General (xaol Delivery 

held at the House of W" Branch y* in Chowan Precinct the 1" Nov' 

1716 

Pres"' Christopher Gale escj' Chief Justic^e 

Tho : Harvey 1 ir. r i • i. * 
Ju» Hardey | ^^1 Assistants 

The Grand Jury are Impanelle<l and sworn 

Joseph Sanderson flbreman 
R** Stamps Hen' Bonner W"" Russell 

R* Keele Tho : Luten Jun' Lem" Taylor 

Eklw. Howcott Jn° Marks Jn° Jones 

Na. Averitt W" Eggerton Tho. Rogers 

Jos* Porter W" Bonner Jac** Blount 

Upon the Peticon of Tho' Lee praying y* the main Road from the S. 
W. side of Middle neck Bridge to the S. W. side of ffrylys bridge may 
be his established Bounds to Maintain and keep as a publick road at his 
own Costs and y* he be Excus'd from any further duty on the Roads. 

Ord* V* it be Granted. 

Upon the peticon of the Inhabitants on the South Shore praying y* 
the Inhabitants from ffryly's Bridge to the flatt Swamp may have y* 
part of the road assigned them & y* the Inhabitants from the S. W. side 
of Middle Neck Bridge \o M' Longs may keep y* part of the Road in 
Repair and y' Cap'" Jn° Worley be continued overseer of the lower Dis- 
trict & Mr Tho' Lee be Overseer of the upper district. Ord* that it be 
granted. 

34 



266 COLONIAL RECORDS. 



/ 



Upon the Peticou of John Swain praying that Elizabeth Swain his 
Sister an Orphane Girle bound by the Precinct Court of Chowan to John 
Worley Esq' May in the time of her service be taught to read by her 
said Master 

Orderd, that she be taught to read 

Orderd, y* a capias go out against Jn° Molton Sen' for contempt in not 
appearing as an evidence in the Case between our Sovereign Lord the 
King & Bartho. Barrett being twice sumoned 

Att this Court personally before the Justices af** appeared Tho' Lee 
who to the Presentment Ehibited against him at the Instance of John 
Worley Esq' at the Court held the 2** day of Aug'* last PleadtHi not 
Guilty therefore Immediately came a Jury thereof and the Jurors of that 
Jury by the Marshall Impanueled l)eing Calld, (That is to say) Jam* 
Williamson Jn'^ Watkins, Tho' Kirke, Cha' Wilkins, Jac^ I^wis W» 
ffallow, Jam' Ward Xph' Dudley, Jif Ward, Obeil Rich. Tho' Blount, 
Tho' Bettorly apjHjarcd who to speak the truth of and upon the premises 
being chosen tryed and sworn And the Letter in the s** Presentm* men- 
tioned being produced and proved in liac verba 

July 10*^ 1716 
May it please your Hon" 

I did not bi»lieve I should have rwison so suddainoly to complain to 
vour Hon' v' I now find vour words true when vou told me at your 
house when I refused to act as a Justice of Peace y* I might lett it alone 
and be piss'd upon and Ik? D — ii'd for you would then make Worley a 
Justice &(; 

If I am not piss'd u{X)n by him I think I am as badly used what thro 
his Ignorance and Spight to me I am like to be a great sufferer in many 
particulars for he takes opj)ortunity of giving ill advice to my Servants 
which I can prove if there be occasion. I did believe y* Justices were 
sworn not to give advice and to give it to tho Prtjudice of their Master 
where no maner of ill usage has been offer'd to them makes the case the 
more bad. 

Upon complaint made to him for debts alx)ve the value of twenty shil- 
lings he does not stick to Intermeddle without Law on his side but grants 
orders for the same & severely repremands the Constable and comands 
him not to give co{)pys of y* Wa" & Ordei's lie executes, he exacts more 
ffees than the Law allows which is contrary to the oath and when goods 
are taken in Execution and the monev tendered he orders \^ Officer not 
to deliver them but onlers them to ht appraised the same day that they 



COLONIAL RECORDS. 267 



are taken Contrary to the Laws & makes y* Complainer take paper money 
when the Law sales y* property of the Goods taken in execution is vested 
in the Offieer for the use of the complainer 

The matters are not my own Cases, but generally y' same has been 
dealt to other of the Neighbours which are ready to be proved when 
Occasion shall require. 

I very lately went myself to him and civilly required a Copy of Orders 
against me particularly an Acco* y* ifryly had swoni against me which 
money has been receiveil by the Justices Orders & which of right belonged 
to me when satisfyd, but instead of his doing his duty he broke y* Peace 
by kicking me as I went out of his house. 

I know y* the I^w gives me a remeily ag"' Justices & officers y* Exceed 
their Authority, but being willing to live peaceably witliout contention I 
make y* matter known to your. Hon" who has the jK)wers of making 
these Ignorant and Illnatured Officers, hoping you will remove such from 
tlieir stations, rather than I should l)c forced to make a publick Demand 
of JusticH3 for satisfaction of so many wrongs received which I am very 
unwilling should be matle Publick believing y' method to be more Charit- 
able 

If your Hon' has the least Doubt of the truth of these matters laid 
against the Justice I shall at any time lay before you sufficient proofs to 
convin(»e your Hon' and all mankind of the truth of them. 

I now give your Hon' another convincing proof of my desires to live 
peacably for altho I might Justly expect to be kept free from any trouble 
of procuring my money concerning the Horse since your Hon' took the 
Horse to yourself & paid me yet I return your money rather than con- 
tend against you & to receive further marks of your displeasure. I am 

Your Hon" most humble Serv* 

THOMAS LEE 

The Jury aforesaid upon their Oaths say Wee of the Jury find the 
Defend* not Guilty 

Ordered that the said Thomas Lee be Dismist without day. 

And now here at this day came the afs** Charity Brown and p* the fine 
of ffive pounds in Court together with all fees accruing Wherefore the 
said Charity Brown is Dismist without Day 

And now here at y" day came afs* Worley and acknowledges that he 
keeps the said Mary Hawkins as a hierling and no otherwise. Tliesaid 
Worley is Dismist without day 

John Norton bound to appear at y* Court made his appearance, upon 
which M' Attorney Gen" Exhibited the following Indictm* to the Grand 
Jury 



268 COLONIAL RECORDS. 



To tlie Hon"' ChrLstoplier Gale escf Chief Justice Justice of North 
Carolina and to his associates &c 

The Jurors for our Sovereign Lord the King that now is Presents 
Cap" Jn** Norton for that whereas tiles'* Cap" Jn** Norton on the 29"' day 
of Sept' 17 IG, and in the third year of the reign of our Sovereign Loni 
Ci(H»rge by the Graw of G(k1 King of Great Britain ffrance & Ireland 
&<^ at Pasijuotank in the County of Allx^niarle in the Province afs* did 
by the shooting oir of a gun value ten shillings mortally wound Tho' 
Johnson one of his Maj** Liege subjects of tUe Province afs* whereof he 
diiMJ the s** day and year afs'* which is contrary to the Peace of his s** 
Maj*" lleahn & (\)ntrary to the Dignity of his crown &c 

DAN" RICHARDSON P Duo R^e. 
which Bill lH»ing n^turncil by the Grand Jury Billa Vera p Infortunum. 
lIpiH)n this at the self sjinic Court U»fi>re the afs** Justices the afs'* John 
Nort4)n in Cust<Kly of the Mai'shall to the bar there brought in his 
j)rojH»r |H»rsi)n t';unc and \m\\g askwl whether of the crime afs'* he 
was guilty or not Plcsideil (? uilty. Whereupon Tho' Boyd and Tlio' 
Swanlin in U'lialf of the s** John Norton acknowk»dged themselves 
indebtinl to our SoveriMgn L)ni the King y* now is his heirs and succes- 
sors in the sum of twenty five |><)unds each to be levy'd upon their sev- 
enUl giKHls and chattells Ijiinds A: Tencm'* with condition. That if the 
s* John Norton (kn* well In'havc himself towanls his Maj'^ and all his 
K^» Pii>ple for twelve months and a day next coming then the before 
n»i\igniziuu»t^ to Ih^ void otherwise* to ivmain in fidl force and vertue. 

Bartholomew Biim^tt Bound to ap[)ear at y* Court made his appearance, 
U}Km which M' Att4>rnev (leu" Exhibited the following Indit^m* to the 
Grand Jur\\ 

The Jurors tor our S>vcn^ign I^trd the King u|x>n their oaths do 
presH»nt Ifartholomew Barn^tt of New England Mar' on the sixth day of 
Oi^toIxT in the thin! yi-ar of the Keign of our Sovereign Lonl George by 
the Gratv of (itni of (m^u Brittain, ifrauiv and Fn^land King defender of 
y* tfinth Arc not having the fwir of Ct«h1 l>etbre his eyes but lieing insti- 
g;Ui\l by the IVvil with fonv and arms of his malit*e fon^thought upon 
William Whitehiuisi* late of the sjuue placv A: s<*r\* t<» the s* B;irrett at 
Clunx'jui Pnvinct in the C\»unty of AIU»marle A: Provin<>* ats** lieing then 
ainl then* in the Pi":uv of iitnl iV of our S>vcn*ign \am\] the King did 
make an :i^ssudt and Divers blows kii'ks and bruis4»> with his hands, feet 
ami other wea|><»ns, diil then autl tluix' vi>luntarily A: feloniou>ly munler 
zuhI kill the sjud William WhitehiuiK* and then and there mortallv. U*at 
hniisi* ainl wiumd the Iwek ainl side of the >"* William Whitrhoib^ of 



COLONIAL RECORDS. 269 



which wounds and mortall bruises the afs* William Whitehouse did lan- 
guish untill the evening of the afe** Sixth day at which time he Dyed and 
so the Jurors afs* say that the said Bartholomew Barrett on the s* sixth 
day of October in the year abovesaid at Chowan afs* in maner & form 
afs'* of his malice fort»thought, voluntarily and feloniously did mortally 
beat bruise and wound the afs** William Whitehouse, so that of the same 
beating, bruising and wounding on the Evening of the afs** Sixth day of 
October he dyed ag"' the Peace of our Sovereign Loni the King hLs cniwn 

and dignity &c 

DAN" RICHARDSON P Duo Rege 

wliich bill of indictm' Ixiing Returnd by the Grand Jury Ignoramus. 
And tha attorney being present here in Court and having nothing fur- 
ther wherewith to charge the s** Bartholomew Barrett. The s** Bartholo- 
mew Barrett was Discrhargd' by Proclamation a<x»ording to Law 
Adjournal to y' Court in Course 



1717. 



[From N. C Letter Book op S. P. G.] 



COL EDEN TO THE SECRETARY 

North Carolina Jan^ l?*** 1716[7] 
Sir 

I am honored with two of yours, one bears date the fourteenth of May 
the other the 25'*' 1 716. To the former I can soon make an answer there 
being but one Missionary (and never another Clergyman) in my Govern- 
ment which is M' Urmston whose duty and atfection to his Majesty King 
George I believe the most Honorable Society will not doubt of for as to 
that part I think the Gent, is unquestionable and I shall again lay hold 
of this opportunity to lay before your lx)ard the great want there is of a 
Clergyman amongst us, notwithstanding this Gent does all he is able in 
the discharge of his function and spared for no pains. Yet there are 
still hundrenls of children and others unbaptized and are like to remain 
unless some further charity be extended to them. 

As to that of the 25'** I shall say little now having transmitted form- 
erly to your predecessor M' Taylor an abstract of our Vestry Ac*t which 




270 COLONIAL RECORDS. 



I hope came to haad^ if it has not or it is not satisfactory, upon your 
acquainting me, shall send a copy of the whole act; but I must observe 
tho' that act seems very suspicious it is at present of very little benefit to 
your Missionary for the money raised thereby as well as all other public 
moneys are paid in public Bills of Credit which are at a vast discount 
whilst in hath [truth ?] our vestry have not been so ready in assisting this 
Gent, as they ought to have l)een which fault I hot)e will in a little time 
be remedied not only as to M' Urmston's part but towards any other per- 
son whose lot it shall fall to come amongst us. 

I did myself the H(mor to implore of the Soc^iety a Missionary for the 
County of Bath a plaw of much larger extent than this of All)ermarle 
and altogether hitherto neglected whHi I must again entrciit you to men- 
tion to the Board if there is not one already apj)ointed for that service — 
Mr. Taylor indeed mentioned a Gent, that was to come from South Car- 
olina amongst us, but I never heard anything of him, nor do I believe 
we ever shall, I have l)een so full l)efore in relation to the poor people of 
that County that I shall forlx^ar any further addition at this time more 
than intreating my most humble <luty to the most Honorable Society 
whose commands I shall always ol)ey with gn»at readiness which con- 
cludes as I really am, Sir 

Your most humble Serv' 

CHAS. EDEN. 



[From N. C. Letter Book of 8. P. G.] 



M' URMSTONE TO THE SECRETARY 

North Carolina Jany 29*** 171f 
Sir 

I am i)ersuaded you will never have any answer to two Letters to the 
Vestries and Cliurch Wardens of Chowan & Pa-^^uotank: the former is 
in my hands still not knowing to whom I must give it, for thro' default 
(I may say wilful neglect) in not meeting in due time those appointed to 
be of the Vestry and have no |)ower to meet or act till nominated afresh 
by an additional act to that of the late assembly and if that is ever 
brought into del)ate: it will be annulled, I sent the act inclosed in one of 
June 19"* last past which if it has come to hand will satisfy the Honor- 
able Society in many particulars; did it take place (but fear it never 
will) it is the most favorable I could obtain from the Assembly. I did 



COLONIAL RECORDS. 271 



not think there could have been such a conytruction put upon these words, 
which impower the Church wardens to prociure a Minister which now are 
taken to be equivalent to that odious phrase of liireing or dismissing at 
pleasure yearly a minister, I altered the good old term, but dared not to 
go any fiirther pursuant to our fiindamental constitutions. All our acts 
were sent last Feb^ to be confirmed by the Ix)rds Proprietors, or as the 
term is perpetuated without which no act is in force longer than two 
years, but of late tlie people assume that power to themselves by causing 
all such Laws, as they think fit to Ix? confirmed at the first meeting of 
every Biennial, & enacrt laws contrary & destnictive of former Laws 
which have been perpetuated. I am of opinion diver of the aforesaid 
Laws will not be allowed by the Prop*" and the Vestry Act will be 
in danger of Ixjing laid aside. Tlie fundamental constitutions were 
intended to be unalterable^ bjat now as little regarded as Magna Charta 
in England, this Lawless people will allow of no jwwer or authority in 
either Church or state save what is derived from them. A proprietor 
were he here would l)e looked on no Ixjtter tlian a ballad singer, what 
can a Governm* do or what success or order in the great design of estab- 
lishing our church can be expected by a {xwr despised and contemptible 
Missionary. 

The Governor would concur with me in appoint*^ a new Vestry, but 
our Vestrymen (that sh(mld l)e) say I am not incumlK'ut, btx^usc* forsooth 
not hired by them and his Honor's appointment will not signify any 
thing, he has offered to induct me in order to entitle me to the Salary 
allowed by this late act but all in vain for it will never be paid. I ho|>e 
his Letter to the Scx?iety which comes by the same opportunity will 
answer their demands as to mv Lovaltv and cM)nformitv to the present 
Grovernm* under King George, whom God long preserve my Endeavours 
in the discharge of my duty and the treatment I have met with and like 
to expect whilst in this wretched crorner of the World, so that I shall not 
need to add in my reference to the two L"" of April 23"* and May 1 4'*' 1 71 6 
which with one of Jinie IP** I reireived alt4)gether pr via South Carolina 
Dec* 29"* I have not heard of any sucli person as Mr. Francis Phillips, 
mentioned in this last, in these parts, if he comes this way I shall obey 
the order sent me. 

This is the 10*** I have sent to the Honorable Societv within 13 
months under the several dates ut infra all the Letters p' Boston were 
sent under a cover to Jo" Jekyll Esq. (Collector there, my very good 
friend and old acquaintance. I have often intimated that the quickest and 
safest way of sending to me was Under cover to him. If these Lines 



272 COLONIAL RECORDS. 



become to hand and would be complied with I might hope to live some- 
thing easier than I have hitherto done, but having no answer to any of 
them it afflictn me sore, my misery increasing the longer I stay, could I 
dispose of my dear Plantation without much loss I would not stay a day 
in the Country, for I am in apjmrent danger of starving, we are threat- 
ened with famines there's not half grain in the Government subsist the 
Inhabitants, little or no iK)rk ; for my part, if not supplied from Boston, 
I shall not have a morsel of any kind of fo(xi within these six weeks; 
I thought I should have had corn and wheat sufficient for my use, but 
thro' bad seasons and the worm I did not reap the 10*** part of what I 
might reasonably have expected. I had a fine stock of Hogs, but am 
in danger of loosing them all, we had no meat and for want of corn they 
die daily. 

My Kind Parishoners are in hopes I must fly and then their debt for 
nigh six years service is paid, whilst one is gaping after my Plantation, 
another, my servants and stock at their own price, it is inconceivable 
nay past expression what I and my [)oor family have endured for almost 
seven years and it is like to Ire worse with us than ever. If money will 
hold out I may be supplied with a little cheese of all sorts, butter and 
malt unground, I have not a Gown to my l)ack nor hat to my head nor 
indceil any other decent apparel I am in great want of a gooii & large rugg 
& (juilt, a pair of large Blanket**, with a gixjd Ticking for a beil bolster mid 
pillows. I lK»g some honest man may Ikj employed to buy them for me, 
and there with an easy saddle and curb. Bridle and some paper an<l wax. 
I once made bold to hint that one cxjmmon agent for all Misionaries 
would be of great service to us, I had rather pay commission than be 
cheated by pretended friends or relations. If the Society would be 
please<l to advance me half a years salary it would \)c deemed a gift and 
put me in a way of living that I shouhl not need to draw so fast. In 
my last I desirt^d two Bills of £20 sterling c-ach payable at Barbadoes; 
with West India Goods to that value. I could buy provisions to serve 
me handsomely 12 months. My good I^ord and late R* Rev** Diocesan 
promised me, if the Society did not make any addition to my salary that 
he would make me partake of some private Benefactions, but never heard 
from his Lordship. I recommend myself and my poor family to the 
generous Bounty of the Honorable society l>egging their prayers for us 
and rest. Sir, your most humble serv' 

JO" URMSTONE, Missionary 



COLONIAL RECORDS. 273 



DATE OF LETTERS. 

P via Virginia Decf 17 171G 

P' M' Gray passenger in Godfrey succsss, under cover to John Rivet at 

the Hand and j^enin St Albans Street London Feby 14. 171|^ 

Copy thereof p' Boston do 27 

P Boston do 29 

P' M' Port' now Prisoner in the fleet April 3rd. 

P Boston do 31 

P Virginia June 19 

Under M' Chevants cover to M' Hear at the Custom House Oct 25 

P' Boston Nov' 13 

via cover 

I am told this Brigantine returns with all speed. 

P. S.— Sir 

The master by whom this cx^mes returns hither so that you may send 
by him he is to be spoken with at Jacob Atkinson's at the 3 Tuns on 
little Tower Hill If you can procure a Gown and Cassock Ingram in 
Pater Naster Row has my measure I should be glad of a riding coat for 
thro' want of that I have torn my gowns in the woods. 



[From N. C. Letter Book op S. P. G.] 



THE CHURCH WARDENS AND VESTRY OF BATH 
COUNTY IN NORTH CAROLINA TO THE SECRE- 
TARY.— (Extract.) 

NoftTH Carolina Bath County. 

March lO**" 1716-7 
May it please the Honorable Society 

We have been told that several of your Missionaries that have arrived 

in North Carolina, were ordered by your Honorable Society for this and 

the adjacent Parishes ; but as yet we have not l)een so happy to have one 

Missionary resident in all the country and of all those that have come to 

North Carolina, it has been very rare that tliey have so much as visited 

these parts so that many of the children of these parts are yet unbaptized 

even to ten or twelve years of age notwithstanding of which the people 

of this country are kept from Dissenting from the Churc^h of England 

by the care which has been taken to appoint readers pursuant to the act ^ 

35 



274 COLONIAL RECORDS. 



of Assembly for Rstablishiiig the Church and appointing select Vestry, 
an abstract whereof is here inclosed, by that act, it may easily be per- 
ceived how well inclined to the Church of England the whole Govern- 
ment is in general by the care taken that the Salary of the Minister shall 
be less than £50 per annum, although at present there are a few of the 
Parishes where the five shillings per pole will not fully amount to the 
£50 per annum, but this may be helped by the annexing to such Parishes 
as are adjacent till such times as they come to be better settled and able 
of themselves to make suitable Provision. 

At present this is our unhappy circumstanc^es as well as of the other 
Parishes in Bath County which have been extremely reduced by the late 
Indian War in which many scores of uubaptized Infants (who remained 
so for want of opportunity only) were barbarously murdere<l but seeing 
that war is now terminated and our country very likely to flourish again 
in all other .respects except the only 

Necessary Viz* That of Religion We therefore humbly beg your Hon- 
orable Society will consider our present deplorable state and alot some 
good Divine of Exemplary Life and conversation tho' of less learning 
for a Missionary to these parts and we do assure your Honors That we 
always make such further suitable allowance for the maintenance of such 
a one as not only the Laws of Government but even our own private cir- 
cumstance will admit of. 

This comes by Christopher Gale Esquire Chief Justice of North Caro- 
lina who has l)een very serviceable to these parts in promoting religious 
worship by whom your Honorable Society may be more fully and truly 
informed of the present state and condition of these parts than is possi- 
ble for us to do in the compass of this Letter. 



[Records of General Court.] 



28^** March 1717 
Att a General Court of Oyer & Terminer and General Gaol delivery 
held at the House of W" Branch in Chowan Precinct the 28"" March 
1717 

Present Christopher Gale esq' Ch. Justice 

Jn° Worley 

Tho* Harvey ^ Esq" Assistants 

Jn** Hardy 



COLONIAL RECORDS. 



Ordered, that a Venire do go out against W Williams to answer tlie 
p'sentiu' of the Grand Jury for not keeping the road clear and repairing 
the bridges in his distrirt. 

Ordered, tliat a Venire go out ag* Edw' Bunney to answer tlie p'aent- 
' meat of the Grand Jury for leaving his wife in Virginia and keeping a 
whore in this Govern ni' 

W Steward Bound to appear at this Conrt made his appearance and 
nu Information appearing against hiui. Ordered, that the s' Steward be 
Digmist without Day) 

John Beverly bound to appear at y* Court made hia appearance, and 
no Information appearing against him is Dismist without Day 

Adjourned to the Court in course 

C. GALE, C. J. 



28 March 1717 
North Carolina ss 

Att a Council holden at y' hun&e of Fred* Junes Eisq' in Cliuwan on 
Tluirsday the 28* day of March 1717 

Present the Hon*^' Charles Eden Esq' Governo' and Cap" Gen" and 
Adni" 

rTho- Pollock ] 

[T Knight J 

Ordered that Simon Privet be Snbpoena'd to the next Council to 
Answer the Complaint of Sarah and Christian Privet Daughters of John 
Privet Dece'd relating to a Tract of Ijand held by the said Simon 

Whereas Jacob Miller Atlam Moore ami Jacob Schuiz have been sent 
out by Order of this Government pursuant to an Order of the Assembly 
to llango the Country after the Encniie Indians 

It Ih Onlered tliat Richard Graves Treasurer for tlie Precinct of Craven 
<lo pay to the said Rangers their wages for the time they wai< upon that 
servirt' pursuant to an Act of Assembly in that Ix-lialfe made and pru- 
vidwl. 



1 



276 COLONIAL RECORDS. 



[From Pollock's Letteb Book.] 



COPY OF A LETTER SENT TO SIR ROBERT POLLOCK 

BY CA1>T HENDERSON'S KINSMAN 

North Carolina April S'* 1717 
Hon'» Sir 

It being very natural for all people who are al)8ent to have a great 
desire to hear of their relations, and I Ix^ing here settled in a remote cor- 
ner of the earth, far distant from my native eonntry, and having had no 
letter or c(»rtian news concerning my relations these many years last jiast, 
and not knowing whom I can write to that can inform me; therefore, 
out of the ccrtian knowledge I have of your generous and virturous 
nature, and the accpiaintanct^, neigh borhcKxl and small relation I had with 
you l)ef(>re I left Scotland, [)n»sumed to trouble you With these few lines, 
humbly entreating the favor of you to favor me with what awount you 
know of my relations. 

I have Ikhmi informed that my brother mr James Poll(X»k of Balgray, 
deceased many ycjirs sincv leaving two sons his eldest son Thomas, (who 
suc^ceeded to the estate) I heard was marriwl to a daughter of Dunlop of 
Houssell, and has had several children by her: and hear that he coming 
over to ameri(ra, is either lost at sea, or taken by the sally sallie? men, 
which I hope is but a false report. As for his brother James I have 
heard nothing of him. My sister Hellen Helen was married to David 
Robe, minist<^r of Erskinc: and hen? that upon the revolution, on 
King William's coming in, remove himself and family to Ireland. 
And my sister Margaret was marrieil to one M' George Pollock, then 
minister of Ballantrcn*, afterwanls remove<l to Kilmarno(*k, and since I 
understand is dea<l. Now what your Honor («n inform me concerning 
my aforesaid relations will be a very great kindness, for although I have 
commonly an ac^nmnt of all the public news, it gives me' no Siitisfai*- 
tion as to my n^lation. I have another favor also to Ix^ of your 
Honor, which is when I came from S(X)tland I had several debts due to 
me, all which l)onds I left with my brother Balgray, taking his receipt 
for the same, a (H>py of most of which is here incIosiMl. Now what I 
would entivat is if you could conveniently know of the men that owed 
me the money, (being most your neighbours) Avhether they paid it or 
any part of it to any jx^rson For I understand that one M' Robert Ham- 
ilton late of Glasgow now of London merchant hath rec<Mve<l most of it, 
without giving me any aci'ount of it. 



COLONIAL RECORDS. 277 



Now when I came from Scotland this Robert Hamilton being ray inti- 
mate acquaintance, by his importunity pursuaded me to take about thirty 
three pound sterling money of his in venture with my own, which money 
in my first seven or eight years, (by my often trading from one place to 
another, unacquaintedness in trade of America, and a considerable loss I 
had by the Spaniards taking New Providence, and low markets was 
brought to a very little, of all which, from time to time acquainted Robert 
Hamilton, and in the year 1689 I wrote to him that, altho the stock was 
brought very low, yet that I was unwilling he should be a loser by me, 
and therefore enclosed in his a letter to my brother, Balgray, to pay him 
his principal sum and interest ; of which I never had any acK'ount of my 
Brother. And since then. M' Hamilton having an attorney here, I 
gave him a particular account of his st<x;k, which was about forty i>ounds 
our country pay here, oifering him his money, which he could not then take 
his vessel being loaden. And shortly after I had a letter from M' Ham- 
ilton desiring rather to have his principal stock and interest in Scotland 
than take the produce of it here, this being about the year 1698, and 
pressing upon me that if I would \ye diligent and careful of making the 
most of what I had in Scotland, and the overplus he would faithfully 
and honestly send me in here, or pay to whom I should order him. 
Upon which I (having a great opinion of M' Hamilton's honest,) sent 
him in a jwwer of attorney of all my concerns excepting the debt due 
from my brother. In some short time after I had account fn)m him, 
that he had employed one M' James Dunlop a writer in Glasgow, to act 
for him as concerning the recovery of my debts and other concerns, but, 
my brother being dead, my sister in law would not deliver up the bonds 
and other papers that I had left in my brother^s hands ; and by several 
letters after complaining that he had been at considerable charges, and 
although his uncle Mr Colin Campbell of Blithwood had been a great 
assistance, yet had scarcely recovereil so much as to satisfy himself. And 
yet I understand the stone house I had in the Trongate of Glasgow, a 
few duty duoty I had out of the land where the eastern sugary stands, 
and of some land of Walter Nilson, and of one William Sterling, late 
writer in Glasgow, is disposed of, and, I l)elieve, three or four acres of 
land I had at the bromelaw at Glasgow ; all which, before the year 1701 
(at which time I heard he had disposed of most of it) with the debts due 
and interest due untill then could not amount to less value than six or 
seven hundred pounds sterling; and his thirty three pounds, with interest 
from the yciir 1 682 to the year 1701 could not amount to upward of 
seventy or eighty jX)unds at the most ; which seems to be a considerable 



278 COLONIAL RECORDS. 



difference. Howsoever I should not have realised it if my Relations had 
got it. I could add a great deal more concerning M' Hamilton his writ- 
ing and promises to me, but I doubt have been too troublesome already. 

I was hartily glad to understand that you were not concerned in their 
late troubles in Scotland, and that you were safe in your command at 
Inverlockie, and it would \)c a great satisfaction to me to understand the 
welfare and prosi)erity of you and your family. 

I have had intentions these many years past of my returning once 
more to my native country, but several matters unexpectedly falling out 
have hindixnl me; especially some differences here amongst, the people of 
the country, and a long, civil and expensive Indian war, and now being 
old, and not able to endure the fatigues of such a long passage, and being 
(praised l)e God) indifferent well settled here and having three hopeful 
sons, Cullen, George, and Thoraa**, doubt I shall not have the happiness 
of seeing any more my beloved native country. I your Honor can spare 
so much time from your public business as to enquire a little after the 
afore mentioned matters, and honor me with some particular account of 
it, it will Ik* a great satisfaction to nie, and infinitely oblidge me: and 
alb(»it I cannot propose any ways of retaliating such kindness, yet it shall 
it shall l)e imprinted in in<lelible characters in his mind who most sin- 
cerely is 

Hon** Sir 

your most ot^lient Humble Servant. 

Hon** Sir If you favor me with an answer, please to direct your let- 
ter for me in North Carolina to the care of Mr William Wellsteed, Mer- 
chant in Boston in New England : and letters for the place often miscar- 
rying if you send duplicates, by otiier oppertunities some may come to 
hand. My most humble respects to yourself and family; which also 
please to accept from my sons, 

Hon** Sir Yours 

. THOMAS POLLOCK 



[From N. C. Letter Book op S. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina May 1st 1717 
Sir 

I have nothing to add to nor alter in my last Ijcttei's ])er Captain 

Luckes(? Commamler of a lirigantinc Ixnind for Ijondon dated Jany 29*** 

& copy i)cr via lioston Feby 2°** last pa-^t save that I am still struggling 

for life in this wretcheil platv. If a shjop exi)ected fVom New York with 



COLONIAL RECORDS. 279 



[B. P. R. O. Virginia. B. T. Vol. xv. p. 106.] 



REPRESENTATION FROM SEVERAL MERCHANTS TRAD- 
ING TO VIRGINIA AGAINST AN ACT PASSED THERE 
RELATING TO FOREIGN DEBTS. REC'^ 17 
APRIL READ 6 MAY 1717. 

A Representation of sundry Merchants trailing to Virginia for repealing 
the Act of Assembly concerning Foreign debts 

My Lords, 

About the year 1663 there was an Ac^ of Assembly passed in Virginia 
intitui'd an Act concerning Foreign debts the purport of which is to bar 



'I* 

i 
t 

;( 



t 



flour & Biscuit do not arrive within these 10 days I shall not have a 

morsel of Bread to eat. I have had no Beef in my house these six 

months nor anything else save fat pork and that almost gone. I got by 

chanoc a barrel which has been in salt 1 8 months ; it is profitable victuals 

a little goes a great way : I have no other eatables ; jxas and Beans I am 

like to have some but neither Bacon nor Butter to eat with them — Jovial i[ 

living. The country is in a miserable condition ; we lost almost all our j 

Hoggs and abundance of cattle are lately dead in all parts of the Govern- i 

ment, of the murrian and mire. I have been a great sufferer that way ; • [ 

out of my poor stocky I have lost to the value of £30 very near. 

If I must linger out my days here I must have a couple of Nt^rix^s 
and a woman all born among the English, the woman used to house 
work. If the Hon"* Society could spare them out of Coll. Codrington 
Estate I would allow more than would buy six others newly come from 
Guinea^ new n^roes are of no use to me. My Parochial account is very 
short; from Michaelmas to Lady day I baptized 17 Infants was notable 
to go abroad by land for want of Horse, nor by water having nobody to 
row me, nor wherewith to hire and if I had men will not be hired. I 
went this winter 7 times to the Church in the neighbourhood (i e that is 
4 miles distance) and met not a congregation ; so indifferent are our Gen- 
try in their Religion they had rather never come to church than l^e obliged 
to pay me any thing, they cannot endure the thoughts of it : they wonder 
I do not leave the country and their debt would be paid; that is the way 
they have treated all of my Function l^efore me and would have the 
world believe they are no changelings. This comes "^ via Boston under . 
cover to Mr Jek your collector there. 

I am, sir, your most Humble Serv'. 

JOHN URMSTON. 




280 COLONIAL RECORDS. 



all creditors living in Great Britain from recovering debts justly due to 
them from any person that goes over to that Colony unless such Debtor 
had carried over thither effects to the value of such debts. 

Now we humbly contrive that this Act is notoriously unjust in itself 
unequal to his Maj. subjects of Great Britain and very infamous to that 
Colony and therefore since to this day it stands unre|)ealed by any sub- 
sequent Act and has been pleaded not loiig since in the Courts there in 
bar of very just actions, we humbly ht^ that your Lordship will be 
pleased to lay it before his Majesty in order to its l)eing repealed 

MICAJAH PERRY. 

THO. SANDFORD 
HUMPHREY BELL. BENJ. BRADLY. 
HENRY DEE. WM. DAWKINS. 

SAM. HASWELL. 

JOHN HYDE. 

W. BYRD. 

W- HUNT. 

RICHARD PERRY. 

JAM. BRADLY. 

JOHN MAYNARD. 



[B. P. R. O. Board of Trade Journals, p. 250. J 



Whitehall. Friday May 10*^ 1717 
M' Boon and M'' Beresford agents for Carolina attending as they had 
been desired were acquainted with His Maj's having been pleased to refer 
to this Board the Representation inclosed in M^ Secretary Addison's let- 
ter of the 30'** of the last month relating to tlie i)resent miserable state of 
South Carolina and to a supply of men de^sired by that Province for 
reducing the Indians with whom they are at war And being asked 
whether the said Representation was presente<l to His Majesty by tliem 
and what they had to oifer relating to that matter They said they had 
lately received and presented to the Lord Carteret a letter from tiie Gov' 
& Council of the said Province to tiie Jjords Prop" dated 26'*" January 
last uiK)n the same subject of which they produc»ed a duplicate which was 
read and a copy taken thereof That upon their application to the Lord 
Carteret Palatine of the sjiid Provincre and presenting him the printed 
case his Lordship had promisoil them to lay state of the condition of the 



COIX)NIAL RECORDS. 281 



said Province before His Majesty and to desire the necessary supplies 
which Jhey believed hi» Lordship had done by the forenientioned Repre- 
sentation — These gentlemen being then ask'd what number of men from 
thence they thought necessary for subduing the Indians and how long 
they proposed such men should continue in Carolina they de<Jared their 
opinion that not less than 600 men would be effectual 200 whereof might 
be disbanded in 12 months, 200 in 18 months and 200 in two years after 
their arrival in Carolina — M' Boon & M' Beresford added that the Lord 
Carteret had declared to them he was willing to surrender his share in 
the Proprietorship if the not doing it were such an obstacle as to hin- 
der the relief of the Province. 



[B. P. R. O. Board of Trade Journalb. p. ^0.] 



Whitehall Friday May ^l*" 1717. 
The lionl Carteret one of the Lonls Proprietors of Carolina (doming 
to the Board their Lonlships had some discourse with him relating to the 
present state of that Province and to the Representation from the inhabi- 
tants of South Carolina referred to the Board by M' Sec. Addison's let- 
ter of 30"* of last month mentioned in the minutes of the 6"* inst. His 
Lordship among other things said that the Assembly of South Carolina 
being dissolved, they ha<:l now no Agents, But that the jxirsons who 
styled themselves such, had desired him to present their \m\yeT to the 
King, which his Lordship had done when the same was drawn so as to 
l)e supjH)rted by the letters those Gentlemen produced from thence that 
his Lordship had since private letters from Carolina which bring advice 
of a Peace lx?irtg made with the Indians which his Lordship ol>served 
seems probable since the Yamasees the first authors of the war were cut 
off That there hiid never been a regular war with the said Indians in 
Carolina but many! settlements which were made too scattered & remote 
from each other had been destroyed at several times tho' the whole Colony 
was never in so apparent danger of being lost as was suggested That if 
the said Province Ix* supply 'd with the men they desired the Assembly 
had never agreed how to dispose of or provide for them That the Lords 
Proprietors would Ije glad to have more men sent thither in any manner 
but that it could not be expected His Majesty should send and maintain 
them there That the Province may be nin in debt as allied but that the 

Lds Prop" have applved all their profits towards its support and bought 
36 



282 COLONIAL RECX)RDS. 



& sent 250 muskets which they have heard are actually arrived in Caro- 
lina My Lord added that he did not doubt but when Col. Johnson the 
present Gov' arrives he will find all tilings quiet in the said Province and 
therefore his Ijordship desired the Board would suspend their Report to 
His Majesty upon the forenient* reference until fresh advices should 
arrive from thence. 



[Council Journal.] 



The Hon"* 



^ Esq" Lds Prop*" Dep 



ties 



V 



North Carolina 

Att a Council holden at the House of the Hon"* Co" Thomas Pollock 
in Chowan on Tuseday the 4"* day of June Anno Dofn 1717 

Present the Hon"* Charles Eden Governo' Cap*" Gen" & Ad" 

fTho' Pollock ^ 
Fred^ Jones 
Fra' Foster 
T Knight 
N Cheviu 

Upon Petition of John Gray setting forth that a Tract of Land lying 
in Chowan Containing acres was formerly granted by Patent to W" 
Fulk is now Lapsed for want of l)eiug Seated in due time pursuant to 
the Tenor of the said Patent and prayes the same may l^e Granted to 
him 

Ordered that tlie same be (granted as prayM for 

Upon Petition of John Nairne sliewing tliat a Tract of Lund formerly 
Granted by Patent to P^dwartl Howard is lapsed for want of Seating and 
prays the same may l)e Granted to him 

Ordered that the same \ye Granted as pray VI for 

Upon Petition of John Nairn Shewing that a Tra(^t of Ijand formerly 
Granted by Patent to John Miner is Laps'd for want of Injing Seated 
in due time and prayes y* same may he granted to him 

Ordered that the same be grante<l as prayM for 

Then this Board Adjourned till to morrow morning 9 of the Clock 

Wenesday morning June the fifth 1717 this lioard mett again 

Present Ut Supra together with Co" Rc^l 

Upon Petition of Catherine Morby shewing that her late Husband 
George Morby is Dead and hath left no Heires in this Goverm* by which 
means a Tract of Land on the Head of Cashoke Crwk whereon he lived 
is become Escheatable and prayes' the same may be granted to her 

Ordered that the same be granted as prayd for and that a Warr* l>e 
directed to the Escheat master accordingly 



COIX3NIAL RECORDS. 283 



Upon Petition of Henry Bonner showing that a Tract of Land Lying 
on Morratock River was formerly Granted to Tho' Hoskins by Patent 
and is now lapsd for want of being seated in Due time pursuant to the 
purport of the said Patent and prayes the same may be Granted to him 

Ordered that the same be granted as prayed for 

Upon Petition of Henry Lysle Junio' shewing that a Tract of Land 
on Cashoke Creek formerly Granted to Henry Lysle Senio' by Patent is 
Elapsed for want of being seated in due time pursuant to the Purport of 
the said Patent and prayes that the same may be Granted to him 

Ordered that the same be granted as prayed for 

North Carolina ss 

Whereas the Tuscarora Indians by their articles of peace with this 
Govemm* were bounded and Limited for their future Settlement to a 
certain Tract of Land lying between Onion quits-tali Creek on Pamplioo 
River and Nuse river to which settlement they were to repaire so soon 
as the Warr should be over But for as much as the Indyan Warr is since 
broken out in South Carolina the aforesaid Tuscarore Indyans have Sig- 
nified to this Government that they are in Danger of being Attacked 
and destroyed by those Indyans and therefore has prayed to be allowed 
a Settlement on Morratock River for their further Security Now be it 
known that it is hereby mutually agreed on between the Hon"* Charles 
Eden Governo' Cap* Gen" and Adm" of this Province by and with the 
Advice and Consent of the Council for and on behalfe of himselfe and 
the Inhabitants of this Governm* and King Blount for and on behalfe 
of himselfe and y* rest of the Tuscarora Indyans that for as much as 
the said Blount and his Indyans have been very Servicable to this Gov- 
ernment and still Continues so to be And as a particular mark of Favor 
from this Government They do hereby Give unto him the said Blount 
for his further and better support of himselfe and his Indyans all the 
Land lying between M' Jones's Lower land on the northside of the Mor- 
ratock river to Quitmak Swamp And the said King Blount doth hereby 
agree to remove all his Indyans from oif the other Lands down to 
Roovosskee by Chrismas next And that they shall not molest nor dis- 
turb the Inhabitants nor their sto(^ks in Hunting in any of the adjacent 
Grounds but that thev shall take all the due Care therein thev can and 
that they shall not nor^will not Claim any Right or property to any 
(Xher Lands hereafter on Either side of Morratock River 

In Witness whereof the said Parties have Interc^ianablv Set their 
hands and Seals this fifth day of June 1717 



2S4 COLONIAL RECORDS. 



[From North Carolina Letter Book of S. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina 

June 22»* 1717. 
Sir 

You will say my other Letter of the same date needed no additions 
but ctanuot avoid acf|uainting you that by tlie same opportunity comes 
one of our great Dons ui)on an Embassy from the whole country fraught 
with complaints against the Governor (I suppose I shall not escape) he is 
a Clergyman's son in Yorkshire besLVs the great name of Grale, I know 
not how near a kin to the late Dean of York, he has a little smack of 
school learning, was sometime Clerk to a country attorney at Lancaster, 
the occasion of his coming into this hiding place is unknown to me tho' 
I suppose not uncommon with other our worthy Patriots a great show of 
Learning gained him great Esteem among the Bea.st in the woods he has 
past long for an Oracle, gone through all the Offices in the Government 
save that he is said now to push for, i e, that of the Governor. 

Upon the breaking out of the Indian War he went to South Carolina 
for assistance there he prevailed with Mrs Blacke one of the Proprietors 
to make him her duty (depty); in his return he was taken prisoner by 
the French and carried to Marti nio, at length he vame back to us, was 
for his good offices and suffi^rings, presented with a purse of money, made 
Colonel of Bath County then the heat of the war but by reason of his 
unfitness laid that down and being deemed learned in the I^w was made 
Chief Justice of the whole Province Being arrived to this High Pitch of 
supposed grandeur he grew very impertinent, he hath often opposed me 
in matters relating to church discipline and all the authority he had could 
assign was the practice of a }K)or country Parson his father, I Ix^lieve him 
equally knowing in everything else he pretends to. In our debates when 
he had no other answer he would appeal to his dignity and Imaginary 
IK)wer which he thought gave authority enough to all he asserted, nay he 
did not stick once to rebuke me for contradicting him telling we were not 
equals and that I ought to pay a greater defference to what he said, how 
false soever; as to the first I was entirely of his mind and as to the lat- 
ter I cannot see why I should be lK)rne down by such a Blockhead when 
I had go(Hl authority for what I said, he intends to dethrone the Gover- 
nor, this is publicly known and if lie succ(xh1s him not then he will njuic 



COLONIAL RECORDS. 



Missioner, bat this is only whispered, for if not forced he would not be 
thought to take up with so mean a station. 

His complaintij against the Governor, I niiiHt confess are not altf^ether 
groundless, his honor has actnl towards all men very arbitrarily not to 
say unjustly, hh treatment of me l\as l)eon very base and scamlalous, yet 
be never break tuy Hea^l without giving me a pla.ster n<tt iilways healing, 
for after having trampled upon and prostituted me to the i>e(ip1e in order 
to curry favor with tbein it is no such easy matter to effect a thorough 
eure; what signifies snch favors as subjects a man to daily affronts and 
abuses, we have IxK^n often at variance : I have resented his ill usage mor.' 
than once, have not visited him for several months tf^-ther, but the 

greatest differenoc we ever had was owing this Incendiary, my Lor<l 

Chief Just — fs and now be with a jtack of Knaves and se<litiouh 

rascals is »)mbinG<l to set us all in flames and rather than not gain bin 
point he will do his utmost to subvert that little settlement we have with 
the greatest diffit^ulty attained to in Church and Government. This iw 
not the first voyage he has taken nyton the like Errand and if the Pro- 
prietors will harken to sneb a Bout few then they must never hope to sft- 
this a settled country, 

I cannot .say but the Governor is a strange unaccountable man, having 
all that either the Lan<1 or Sea service fumisbeth t'wards the making a 
(Ximplete ruftian besides some great aocomplisbment^ acquired in his voy- 
ages along the coasts of Ameri<'a, a stranger' to him would straight 
imagine upon a slight acquaintance that he had been a boatswains mate 
who are commonly the greatest reprobates in a man of war, fit only to 
command the ftirei'astle Gang, and seeing the Genius and temper of this 
People are so like to the said Gentry, there cannot l)e a fitter man fci 
govern here, the Lords will suffer by the change and we shall be like the 
Frogs in the Fable. He is well known to Coll" Hanilyside late Gov' of 
Jamaica and I I>el)eve Coiinccll Kittleby has s<ime knowle<lge of him. 

As to my particular I care not what this sower of Sedition can say 
against me, it has l)een his constant Business to oppose me in every thing 
I went abtint in furtherance of the great errand I was sent upon ; This is 
he that chiefly hindered nie from having the Library sent in by tlie Rev'' 
Dr. Bray in my custody as was intended by the Donor, this is he that 
first startetl a notion that the Soc;iety did not expct^ the Country should 
make any provision for me, they having allowed uie a sufhcieut mainte- 
nance, this is the cupper smith for he bath done me much harm ; and if 
he applies himself to the Society it will easily api»enr what a fit person 
he is to make a Priest of and how mnch he hath l»enefittcd by that excel- 



286 COLONIAL RECORDS. 



lent collection of Books which have been injuriously detained from me. 
I excuse not the Gov' in many tilings but cannot think him so black as 
he will be represented nor would I have him changed except we be 
assured of a better who will scarce be found to act a jmrt in our comedy — 
I am, Sir, your most humble servant 

JO URMSTON Missionary 

P. S. I have gained mightily upon the Gov' since the Death of his 
wife, who a strange meddling troublesome proud woman, and put him 
often upon doing that which he had no mind to; I believe for the future 
we shall always have a good understanding. I wish he may find favour 
with the Honourable Society so as to prevent his being twined I have 
heard say counsel Kittleby was not his friend : if a member of the So- 
ciety he may be pursuaded to act for him, Tis in his power to do the 
Gov' gocnl service and to stop the mouth of this Babler. 



[From North Carolina Letter Book of S. P. G.] 



MR. URMSTONE TO THE SECRETARY— (Extract). 

North Carolina June 22 — 1717 
Sir 

Siiice my last per via (New England dated May P*. I have received 
one fnmi you of July 16"*. 1716 by South Carolina; at my first coming 
hither I sent divers of my Ijctters open to a certain member of the 
Society to l)e by him first perused and then delivered in at the next 
Board ; the little good effect they had (all>eit the contents I thought would 
have drawn pity from a heart of Stone) made me sus[)ect my friend and 
therefore have not been guilty of that which I now find- is deemed a 
fault, for many years, but perceive as little regard to me as l)efore; not- 
withstanding I ever had fresh matter of complaint, and as hmg as 1 stay 
here I need not fear wanting that with hanl strugling we have liad a 
vestry at last in my parish viz* on the north shores of the Sound in 
Chowan there were but seven vestry men and they chose in a new mem- 
lier in room of one who positively refused to qualify himself as the late 
a(^ direirts by de(»laring under his hand that lie would not oppugn (a soft 
word for tender «>nscMenc»es instead of conform to) the Church of Eng- 
land, for, lie said he must go scjmotimes to the Quakers nuvting and if 
he saw cause he might one time or another oppugn &v. 



CX3LONIAI. RECORDS. 287 



The absent members will not agree to what was then enacted and many 
of those present seem to dislike of what they then did pretending they 
were overawed by the Governor, by whose order the Vestry was called, 
who is since gone to live in the County of Bath so that all the good his 
honor intended me will come to nought. It was proposed by the Grov' 
and minuted down that I should be inducted, the majority were consent- 
ing, but now unwilling to part with the power so valued by them of 
choosing or hiring yearly ministers. It was then ordered that every 
Titheable in the Parish should pay me five shillings towards the raising 
Fifty pounds for the last year ending January !■* last past, the number 
of the Titheables is not sufficient to raise such a sum and they have not 
power to Ijcvy above five shillings per Titheable for our Parish contains 
not a third part of the Inhabitants which are in the precinct and afore 
time were one parish, as for the arrearage for four years with 18£ : form- 
erly due which by agreement ought to be £258 but was by an after Ves- 
try reduced to £150 and ordered by the then churchwardens to be col- 
lected, that cannot be raised unless the other parish or part of the Pre- 
cinct which before seperation was equally obliged per a new act be com- 
pelled to pay their share. In plain English 'tis to put me off from insist- 
ing upon what is my just due; neither do I think I ever shall receive 
what is now ordered; for notice has lx3en given by the present church 
wardens according to the Vestry Act to pay their Levy on or before the 
first of this month, iij>on pain of forfeiting double tax, and as yet I have 
received but six pounds in paper; this paying of money such as it is, 
puts them quite out of humor: they cannot endure to l)e at charges upon 
what they value so little Religion. 

I have given you an account in former letters of the great sciircity of 
Provisions throughout the Country ; I thank God we have with hard 
struggling and many an empty Belly got over it. It was not so grevious 
to my family as many others, because acinistomed to want our north 
Colonies have taken advantage of our necessity and have made us pay 
dear for the worst of Bread and iiieul ; what cost tliem but seven shillings 
we hav(» j>aid 4()" for in pitch and tar l)esides divei's ways of chejiting us. 
Our Governor lx)Ught a couple of Barrels of meal and one of them proved 
half Ballast. We have hitherto had a very seasonable year, there is great 
prospect of plenty of Grain and fruit but if the winter afford us meat — 
we have no Hogs so many died of Poverty last winter and the Black 
Cattle are almost all destroyed by murrain, so that we shall not suddenly 
recruit. In these difficult times I have been forced to draw upon the 
Treasurer as oft^u as I met with any body that knew what to do with 



288 OOIX)NIAL RECORDS. 



a Bill of Exchange I have purchased Pitch to buy f(KK.l with, gave more 
than it would well for in I»ndon, some proved nought some not full ca^^ks 
and more not yet i>aid, and thus I have l)een puzzled to keep soul and 
body together. Since the 21st of Dec«ml)er last I have drawn for £85 
and am still in want, iis not twice £80 will maintain me at the rate I am 
forced to manage £20 yearly paid before hand in Grooiis vendible here, 
would have done me more service than my salary. I never l>ought so 
much goods for £80, my necessity still obligeing me to anticij>ate, and 
often draw Injfore money become due. 

These accounts are tedious I doubt & scarce believed, seeing the Society 
recjuires it under the Parishoners own hand, which I think not to he 
ex|)ected. It was agreed that we should hold a Vestry every first Sun- 
day in the montli, but we have none since the first, nor I believe ever 
shall ; the first Sunday in the month we had one church warden and 
three Vestrymen. I delivered the Societies Letter dated June ll'*' 1716 
dinx^ted to the ChunJi wardens and Vestrymen of Chowan ; they read 
it and gave it to me again, saying they knew not what answer to return ; 
so little rt^rd is had to so great authority and less gratitude to so gen- 
eroits l)enefactors, it is all one to them whether they have a minister & 
church to go or not. 

My ([uondam fellow Lalx^urer the Rev** Mr. Rjunsford meeting with 
some of my Parishioners in Virginia told one I was to l)e turne<l out, to 
another recalled, they would he glad of either for then the <lebt due to 
me would l>e ]>aid. I have more than once desired the Letter and if not 
provided with two n<^o young men and a negro girl all l)orn among the 
English and used to work &a Bill or I^etter of Credit to BarbadcKis for 
the £40 yearly as I have formerly recjuested it will l>e utterly impossible 
for me to stay here much longer. 



[From Pollock's Letter Book.] 

July S'"" 1717 
Hon'* Sir 

This day King Blounts son came in here, sent in by his father to me 

that I might acquaint you that two of his men lately discovrd beyond 

Catchne Creek about twenty strange Indians, and judges they are coming 

either upon him or the English ; and would disire your Honor to take 

some care of the people at pamplico and Neuse. And likewise King 



COLONIAL RECORDS. 289 



Blount desires to acquaint you tliat he is daily expectation of the Saras 
and other Indians falling upon him, they having lately taken one of his 
men. 

Albeit there is no great certainty in the Indian News, yet I thought it 
proper to acquaint you now therewith, that you may take such order for 
the security of the people at Pamplioo and Neuse as you shall think nec- 
essary, by giving the people notice to be in readiness, and to have a care 
of themselves, until further news may be heard, or by what other methods 
you think most convenient : and also that you send in here what orders 
you think necessary in case the Indians fall upon Blount, unless you 
think it time enough when you come into the General Court or the next 
Council. 

Blounts son likewise inquired of me if I had not heard that the Sarah 
Indians had killed nine or ten of the Verginia traders, and taken their 
goods, which he says was reported by one of them that escaped. I 
am in great hope if there be a general Court, to have the happiness to see 
your Honor, and should be glad if M' Henman could, be in two or three 
days at least before the court. I have no more to add but that I am 
most sincerely Yoiu* Honor's 



[Council Journal.] 



North Carolina ss 

Att a Council holden at the houst* of the Hon"* Co" Thomas Pollock 
in Chowan on Thursday the First day of August 1717 

Present the Hon"* Charles Edeu Governo' Capt" Gen" and Adm" 

Tho- Pollock ) 

Nath Chevin V Es^j" Lds Prop" Dep'»~ 

T Knight j 

Upon Petition of John Seshons setting forth that Wherejisone Edward 

Berv Deceased left a Widdow and four Children with a small Instate the 

Widdow administerd and it was appraised and she paid the Debts as farr 

forth as there was anything to pay afterwards by Accident she and Two 

Children were drowned and there was Two Children left a Boy and a 

Girle which by order of Co'* the Children was committed to his Care to 

bring them up and what little their Mother left, was Committed into his 

hands he being their Uncle their Mothers own Bro"^ the two Children 

being both dead all that belonged to them is now taken out of his hands by 

37 



290 CX)LONIAL RECX)RD8. 



Henry Miller and the Land is Threatened to be taken away also w** the 
petition" has paid for part of it to the Childrens Father but he being 
killed by the Indyaus it was never acknowledged to him and therefore 
prayes that it may be taken into Consideracon that he may be Relieved 
therein &e 

Ordered that the Evidence on both side be Examined before Mr John 
Hardy and the Depositions returned to the next Council and that in the 
mean time M' Spellar do prepare & bring in his Ao(;* of the said Admin- 
istra^n. 

Upon Petition of William West setting forth that he being a Trades- 
man and willing to settle in this Goverm* and Endeavoured at' his first 
Comeing in to Get some Convenient Settlement but found all the lands 
near to the Water were taken up upon which he Intended to leave this 
Goverm* but was advised of a Small Tract of Land on the head of Cas- 
hock Creek Surveyed and Patented Several years agoe which he accord- 
ing to the Usual Costume petitioned for as Laps'd land and had it 
Granted but afterwards one Henry Lysle made Application and pre- 
tended a right to the said Land and that he had sold it to his Father in 
Law and obliged himselfe in the penal sum of Fifty pounds sterl. to 
make him a Title to it upon which he had an Order Granted him for the 
Said Land and the said West believing his petition to be matter of Fact 
and not desiring the ruin of any person neglected to appear in his Own 
right But since finding that the said Henry Lysles Informacon was noto- 
riously false and that there was no such sale as he said there was and 
indeed no right to the Land he therefore recjuests to have his land Granted 
him again 

And saitli he being a stranger in the Country the said Lysle thought 
to have made a prey of him and now laughs at him and Employs i>eople 
to sell him the Land he prayes the same be taken into Consideracon and. 
that he may have reliefe therein y* 

Ordered that Henry Lysle be served with a coppy of the j)etition and 
to appear at the next wuncil. 

Upon Petition of Wm Charlton Exet;' of the hust will and Testament 
of Edward Smyth wick Deoeast praying proper j)ersons may Ixi appointed 
to appraise and divide the Estate of the said DecesisM 

Ordered that Henry Speller, John Bentley Philip Ward and Luke 
Metle or any three of them being first sworn l^efore some Magistrate do 
Appraise the said Estate and make Division thereof aci^rding to the said 
Last will and Testam' of the said Dece'd 



COLONIAL RECX)RDS. 291 



Upon Petition of Robt Fewox shewing that a Tract of land called the 
Second Creek was formerly Granted to his Father Jaines Fewox and is 
lapsd for want of seating prayes the same may be Granted to him 

Ordered tlie same be Granted as prayed for 

Upon Petition of Jonathan Bateman and Elizabeth his wife shewing 
that John Anisly late Husband of the s** Elizabeth being a Forreigner 
dyed seized of snndry Lands in this Goverment and left no Issue there- 
fore prayes that they may have Liberty to Estcheat the said Lauds and 
tliat a Warr* may be directed to the Escheator accordingly. 

Ordered that the same be granted as Prayd for. 

Ordered that the Matter of Privetts be continued and that Coppy of 
tlie Case and Subpheana be sent a new 

Upon Petition of Martin Frederick Rasor shewing that a Tract of Land 
Containing One hundred and Eight five Acres in Chowan was formerly 
Granted by patent to Francis Parrot and is Lapsd for want of being 
seated in due time and prayes the same may be Granted to him. 

Ordered that the same be granted as pray'd for 

Tobias Knight, Esq"^ was by the Grovemo' with the advice and Con- 
sent of the Council Constituted Chief Justice of this Province Co" Grale 
haveing departed this Groverm* whereby the said Commission was become 
Vacant and thereupon the said Knight took and subscribed the Severrall 
Oaths by Law appointed to be taken for his qualificacon. 



[From North Carolina Lbtter Book of S. P. G.] 



THE CHURCH WARDENS AND VESTRY OF PASQUO- 
TANK PRECINCT NORTH CAROLINA TO 

THE SECRETARY. 

Pasquotank Precinct 

August 10"* 1717 
May it Please the Hon**^* Socrietv 

We received the favor of yours of June the 11"* past signed by your 
Secretary Mr Humphreys and in answer thereto take leave to infonn 
you that by an act of tlie last Assembly made Jan^ 1715 the Precinct of 
Pasquotank was divided into two parishes, each Parish has power to 
raise j£50 per annum by the Poll, which with the allowance made by 
you Hour to Missionarys would be a very handsome maintenance, could 




292 COLONIAL RECORDS. 



we be 80 happy as thro' your charitable disposition and appointment to 
enjoy one. Since the death of poor Mr. Adams we have been altogether 
deprived of that happiness tlie present Missionary living in Chowan 
precinct about 30 miles distant from hence and seldome oomeing down 
above once a year, so that he has very little allowance from hence save 
what presents he has made him upon particular occasions which are some- 
times very considerable, as to the manner of pay in this Country, we 
must beg leave to inform your Honors, that there is no running cash, 
but that to supply that defect all our commodities are rated and answer 
the same end. 

And now since your Honorable S(x?iety has given us this occasion of 
addressing ourselves to you we beg leave to further represent to you that 
some years ago his Excellency Francis Nicholson gave to this precinct 
(as well as Chowan prequimons) the sum of 10£ sterling tol)e employed 
towanls the building of a church, but that money being not made use of 
till the year 1708 after much solicitation and management by Mr. Glover 
and Mr. Knights, the same was lent to Mr. Glover by order of the 
Vestry, a copy whereof is here enclosed, since which Glover is dead and 
his widow married to said Knight who by one artifice or other will in 
all probability deprive the Parish of that money as may appear by his pro- 
test to the Vestry here also enclosed unless some ways relieved by your 
Honorable Society either by representing the case to our Lords Proprie- 
tors whose officer he is or otherwise as you in your wisdom shall think 
fit to direct or advise. We qre in all humility your 

Honors most humble Servian ts 

EDM'* GALE 
JOHN PALIN 
Church Waniens & others 



[From N. C. Letter Book op S. P. G.] 



GOV. EDEN TO THE SECRETARY. 

North Carolina Oct' 8 — 1717 
Most Honoured 

The Ijds prop" of Carolina having thought fit to Hon' me witli y* 

(lovernm* of the North part of their 1^1 ps. Pnnince I take leave as I 

tliink it is my duty to remonstrate to you the deplorable state of Reli- 



COLONIAL RECORDS. 298 



gion in this poor Province, it is now almost four months since I entered 
upon the Governm* where I found no clergyman upon the place but M' 
Urnistone one of your Missionaries who is really an honest pains taking 
Grentlenian & worthy your care but poor man w*"* the utmost endeavours 
is not able to serve one half y" C<i^ of Albemarle w** adjoins to Virginia 
when as the County of Bath is of a much larger extent and wholly des- 
titute of any assistance, I cannot find but y* people are well enough 
inclined to imbrace all opiK>rtunity of attending y' sendee of Grod & to 
contribute to y" utmost of their ability tw'ds the support of such Mis- 
sionarys as you shall in your compassion to their circumstances think fit 
to send amongst them, but our tedious Indian War has reduced y* ooun- 
tr)' so low that without your nursing care the verj' footsteps of Reli- 
gion will in a short time be worn out & those who retain any remem- 
brance of it will be wholly lead away by the Quakers, whereas a few of 
the Clergy of a complaisant temper & n^ular lives wou'd not be only 
the darlings of y' people, but wou'd be a means in time to recover those 
all ready seduced by Quakerism — This is what I thought myself under 
an indispensible obligation to lay before you for your serious considera- 
tions & at y* same time I take leave to recommend to you the person 
from whose hands youM receive this Viz* M' Tho^ Gkile (a near Relation 
to y* late Dean of York) late of Trinity College in Cambridge who I 
doubt not will come otherwise reiK)mmended as a very proper person for 
your service if he shall meet with your approbation — 

There has been destroyed by the Indians since y* b^inning of y* warr 
above four score unbaptized Infants & there are a great number in y* 
county of Bath even to seaven years old now under that circumstance for 
no other cause but want of opportunity & as yet there are no Quakers in 
that county. 

The growth of them in it I hope the charitable care of y* most 
Honorable Society will eflFectually prevent I wish I could be any ways 
instrumental in serving any thing sent by you in these parts whenever 
an opportunity offers with great readiness I shall be glad to show [ho^] 
much I am most Honorable Grentlemen 

Your Oljed* & most humble Servant 

Charles eden 




294 COLONIAL RECORDS. 



[From N. C. Lbtter Book of 8. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina Oct 23"* 1717. 
Sir 

In my last I acquaint^ yon \vith a fnrther Hardship than I have 

hitherto met with. I borrowed £30 Uy pay for the repairing my Houses. 

I was to pay it out of the Parish I^evy which ought to have been raised 

six years ago. My Creditor is now Church warden and is obliged U> 

collect my Salary which will at Christmas next amount to a hundred 

l>ounds besides £140 ari^ears due from the precinct before it was divided 

into two parishes, it ought to have been £240 but twas no wonder for 

their making such a defalcation was in order to cut off the whole, for 

unless it be to pay my debts I shall never see a farthing of it. The 

Church warden is a great lawyer and Keeps the whole community in 

awe of him : he has taken upon him to recover two other debts and has 

arrested me in three several actions and threatens to seize my House and 

goods; all the Debt is but £90 and yet he will not take the Parish pay; 

it will he very severe, not to say unjust, they say I am not their Minister 

lx»cause forsooth not hilled they are resolved to keep up that good old 

Custom, so that I am not entitled to the Salary allowed by Law I am 

blamed for'not keeping constantly to my Parish, it is hard neither to pay 

me nor allow me to go to those that would. The Governor pressed me 

to make the other Country a visit, hoping they would have r^ard to my 

two former Journeys as well as last but find they are all of Carolina 

Principles : I went to a hole where I never was l>efore : I baptized 63 

children and one adult a young woman they say there are unbaptized not 

out of Principle, as a supine neglect of parents and their own shamefaced- 

ness, and I forl)ear not to l>e wrought upon, there was a great congr^a- 

tion most out of curiosity having never seen the face of a minister, 1 5 

more I baptized the last six months I have not to add to my nota Paro- 

chialia. My people are as remiss as ever, a parish I^vy puts 'em quite 

out of conceit with the Church : I preach often to 9 or 10 and sometimes 

ride five miles in vain not to find a soul there. Mr. Taylor arrived here 

alx)ut a month ago but is not fixed not l)eing able to find a House to put 

put his head in, There's no living here for a Clergyman except he will 

keep house: I believe he will return to South Carolina, he is as unfit a 

man as thev could have (Jiosen, neither was it fair to send him. I under- 



COLONIAL RECORDS. 295 



stand the Society ordered one of their MissionarieH whose parish was 
abandoned by reason of the War with the Heathen : he is not able to ride 
five miles were it to gain the world, he is aged and very infirm I have 
acquainted him with my usage he insists on being chosen or inducted for 
Life, which no Parish here will comply with. If ray late letters are 
come to hand I hope for a favourable answer, if not you may expect to 
see me next spring, here I can not live without servants. These with 
my humble duty to the Honorable Society and earnest request for their 
Prayers are from, sir, Your most humble serv* 

JOHN URMSTON 

Missionary. 



[From Pollock's Lettbr Book.] 



Salmon Creek Nov. 13"» 1717 
Hon^ Sir 

M' Charleton did not call here at his return from Blount. Wherefore, 
I believes he intends himself unto the assembly to give you a particular 
account of his management with Blount. I understand by Col Maule 
that the Indiaas that were at Blounts upper town, (siUed Uneray, are 
gone from thence he knows not where. 

I am hartily sorry to understand of the great diiference hath happened 
between your Honor and Mr. Chevin, and can not but blame him much 
for his great indiscretion, But being an old friend and acquaintance of 
mine, I humbly beg your Honor to moderate your resentment against 
him, knowing there is no man free of failings, and that revenge may be 
carried on too far, and it is at best but the frailty of human nature, ivhere 
as to pardon offences, especially those that art* great, is more than human, 
and is even divine, and participates of the goodness of God, who pardon- 
eth our greatest sins; and the example of ourgmtious Sovereign may be 
a motive, who hatli ever pardoned his gre^itest enemies. And besides, it 
must neeil lay sucli an obligation ujK)n M*^ Clievin, as to make him always 
hereafter have a great care not to fall under your Honor's displeasure. 

I wish your Honor happy success with the assembly in what concerns 
the public, which, I believe, may at present lie chiefly on these three 
things vis the currency of our bills, the suppressing the enemy Indians 
that lie out, and the j)rovi(ling a magasine of ammunition always ready 
in case there should be ocaision. For it is the prudence of almost all 
well governed states to provide for war in time of peace. 




206 COLONIAL RECORDS. 



As for the currency of the public bills : our country debt, I believe 
exceeds not 16000 pounds and there being not less than 2000 titheable 
persons in the Government, which at 30 shillings per poll amounts in 
three years to 9000 pounds ; and, I believe there is not less than a mil- 
lion of acres held in the Government, which at 40 shillings per 1000 in 
three years amounts to 6000 pounds: and for raising the other 1000 
pounds a duty might \ye laid on all strong liquors imported from any 
where but the West Indies which in three years might easily raise the 
other 1000 pounds, to balance and clear all the country debts. And it 
is verj' evident that the importing so much stmng liquor into the country 
greatly impovereth the people. And then if your Honor and M' Rich- 
ardson would consent to take all public payments in the bills I do not 
see but it would make them very current in a short time. 

And as for suppressing the enemy Indians; in my opinion, Indians 
are the most likely to do it, and with less charge than otherwise; and 
those Indians that goes out ought to have great encouragement of the 
assembly, otherwise I doubt it may l>e a long time before they are sup- 
pressed. 

Then, as for a public magasine : there should nothing be taken of the 
vessels but |)owder, shot, and flints, until there is so much had as may be 
thought nwessary, and then other pay may be taken in such specie as 
guns may be purchased. For guns are very much wanted, especially 
here in the frontiers, where may be most occasion of them. 

And care ought to be taken that the treasurers be diligent, careful, and 
expeditious in taking in the public taxes, at the time of payment, and 
that the bills be sunk as scH)n as they come into the treasury. 

Your Honor's excuse for my enlarging so much on such things is 
humbly cmved by him who sincerely is — 



[(JOUNCIL JOUKNAL.] 



North Carolina — ss 

Att a Council held at Co" John Hecklefeild House at Little River on 
the 22 day of Novem**' Anno Dom 1717 

Pr^nt the Hon"* Charles Eden Governo^ Cap'" Gen" & Adni" 
\V» Reed 



Fra' Foster 
Tobias Knight 
Fred*" Jones 
Rich'' Sanderson 



> Esi|" Lds Prop" Dep 



tioi 



(- 



(X)LONIAL RECORDS. 2J>7 



UlK>n a Complaint made by John Hoyter King of the Chowan Ind- 
yanK that Ephraim Blanchard and Aaron Bhmehard had settlal n]K)n 
thiKse Indyann I^ands withont their leave 

It is Ordered by this Board that the said Blanchards do attend the 
next Conneil to Shew Canse for their so doing and that in the mean time 
they desist from doing anything fnrther on their said settlements 

Upon Petition of Andrew Barrow Jun' for Lapsing a Traet of Land 
lately belonging to his Father Containing Two hundred and Sixty Six 
Acres for want of Seating according to the Patent formerly Granted to 
his said Father. 

It is Oniered that the said Petitioner have a Patent for Lapsing thereof 
if he thinks fitt 

Upon a Petition of M' W™ Williams on behalfe of the Two Daughter 
of Timothy Peade Deoed to get an Order for a Warr* to survey a Tract 
of Land in Curratuck Containing six hundred and Forty Acres accord- 
ing to an Entry thereof made in that Precinct Co'* the Twenty third day 
of March 169 J and since the said Entry made surveyed by oqe Marma- 
duk Everedge and Richard Everedge during the non age of their Bro' 
Deced whose Heires thev are 

It is Ordered that the said Everadgc^ or Such Persons as now live 
thereon or aix; in the |)ossession thereof do attend the next Council to 
Shew Cause whv the said Petition shall not \ye allowed. 

Upon a Mocon made by M' Richardson Lds Prop" Rec' Gen" to 
know whether he should receive what Quitt Rents are now due from 
this Goverm' 

It is the Opinion of this Council that he Ought to receive them and is 
Accordingly by us Ordered so to do 



1718. 

[From Pollock's Letter Book.] 



February 16^ 171^ 
Hon** Sir 

Yours of the 4"* instant came to hand the 10'** and Capt Jont^s had 

l)een over here the day before with two proclamations for liberty of 

exporting grain. He had received them from M' Ash. We w^re both of 

38 



298 COLONIAL RECORDS. 



opinion it might be time enough to consider the same at the meeting of 
the Council next month. I question not but that Col. Gaile will repre- 
sent matters against your Honor and those of the Council in the blackest 
characters he can, and that he will want no assistance his party can afford 
him ; as clearly ap|>ears by what was done last assembly in his favor, (if 
I be rightly informed.) But the best of it is they have nothing (that I 
know of) that is material to alledge either against your Honor or any of 
the council ; and the I^ords Proprietors have been of late years so imposes! 
upon and troubled with idle complaints, that I am much persuaded they 
will take little notice of what he or any of his party can alledge. 
As for Col. Brice Major Handcock, and Captain Stones oflFer of bringing 
these skulking enemy Indians in alive or dead ; it seems very strange 
and unaccountable to me, that their own lives, their wives families and 
estates being in danger all this time, and could not do it, and that now 
out of the hopes of a small matter of profit, pretend to do it. This gives 
me some thought of what might be the occasion of their coolness and 
slighting of Blounts Indians that went in to help them. And then the 
b^inning of our Indian war, and so the chief cause of the continuance 
of it until now, so as I apprehend, hath proceeded from Neuse; and all 
that I doubt instead of ending our war, they may be the occasion of 

b^inning another greater and worse . However, I should be 

better satisfied if I understood the scheme by them laid to do it, and who 
is to be their partizans and your Honor may l)e assured that in case these 
enemy Indians were taken or killed, so that j)eace were fully restored to 
the countr}', I should not be wanting of contributing my full part to 
those that would do so much good to the country. 

There being no news of moment here, have no more to add, but that 
I sincerely am &c 



[B. P. R. (). N. C. B. T. 7. p. 96.1 



St James February 19'*» 17||. 
Present 
Lord Carteret Palatin 
M^ Ashley 

M' Bei-tiJ for D. of B. 
S' John Colleton 
S' F. Shipwith for L. C. 
M' Danson. 



COLONIAL RECORDS. 299 



M' Grale Chief Justice of North Carolina attended & laid some pro- 
posals before the Board and it was agreed that M' Gale should have a 
new Commission for Chief Justice and that a L" be writ to the Gover- 
ned to give notice to the Council of such Commission within fourteen 
days after M^ Gale shall produce his Commission to the Govern' in order 
to qualify himself by taking the Oaths. 

That the number of Assistants shall not exceed two as in the Com- 
mission and that the two Assistants shall not have power or authority to 
hold Courts without the Chief Justice but the Chief Justice may hold 
the Courts if the Assistants do not attend And when all three are present 
the majority of votes to prevail. 

That a letter be writ to the Govern' to recommend an Act of Assem- 
bly for settling the fees for the Chief Justice and that M' Gale may have 
his salary during his absence. 

Agreed that M' Eden be made a Landgrave 

Tliat there Ije no deputations sent to North Carolina but that a Coun- 
cil l)e appointed as in Soifth Carolina 

That the Lords will consider further about the laws 

That ]\r Moseley's Proposals be referred to the Gov' & that he & M' 
Moseley be order'd to make their joint Rei>ort in relation to that pro- 
ject 

A Ijcttcr from M' Popple to the Sec*^ was read wherein Proposals 
sigiiM by M' Spotswoixl & M' Eden for scuttling the Bounds betwwn 
North Carolina & Virginia were inclos'd 

OrdcrM that a letter be prepared to the Boanl of Trade signifying that 
the Lords do ap|)rove of the proposals & desire they may l)e executed. 



[B. P. R. O. B. T. Journals. Vol. 27. p. 119.] 



Whitehall Thursday Feb'> 20"' 171i 

At a meeting of H. M. Com" for Trade & Plant* 

Present 
M' Chetwind. M' Pelham. 

S' Charles Owke. M' Pultenev. 

AP Dominique. M' Bladen. 

An (Jnler of Council of th<' 9"* inst referring to this Boanl a Repre- 
siMitation fnmi the I/<mls Pi-oprietors of Carolina which rec^mimends Sir 
Kobt Montgomery for his Maj. approbation to be Governor for life of 



300 COLONIAL RECORDS. 



the most southern part of the said Province beyond the Savana River was 
read together with a copy of the said Representation as likewise a Memo- 
rial from the said Sir Robert Montgomery upon that subject all which 
their Lordships resolved to take into further consideration the first oppor- 
tunity 



[B. P. R. O. B. T. JouRNAUB. Vol. 27. p. 129.] 



Whitehall Tuesday Feb'y 25**' 171| 

Sir Robt. Montgomery attending as desired their Lordships had some 
discourse witli him oonceniing the new Settlement which he intends to 
make in the Southern Part of Carolina wherein he said that he proposed 
to take thither five or six hundred men at the first and some few women 
and that the remainder of their families should be transported after they 
had established and fortified themselves. That he computed the charge 
of every 3 men would be £100. and to carry on this undertaking he 
assured their Lordships that he had witli the assistance of his friends and 
relations a certain fund of thirty thousand pounds and desired no support 
either from the Crown or Carolina. That he desired to be Governor 
for life and independant of the Governor of Carolina for that after he 
had ventured his fortune the Lords Proprietors might otherwise appoint 
a Governor with whose conduct perhaps Sir Robt. might not be satisfied 
which he said would be inconvenient, and he pi'omised to 1)ring to the 
Board the Grant he hail from the said Lords Propriet<jrs. 



[B. P. R. (). Board op Trade Journai^. Vol. 27. p. 132.] 



Whitehall, Thursday Feb'y 27^** 171| 

Sir Robt Montgomery attending communicated to tlieir Lordsliips the 
Grant wliicli ho hath by lease & release from the Lords Proj)rietors of 
Carolina of a tract of land in that Province which he |)roposes to settle 
and whereof he desires the govern' for life 



COLONIAL RECORDS. 301 



[B. P. R. O. Board of Trade Journat^. Vol. 27. p. 140.] 



Whitehall. Wednesday March 5*** 171 J 

Col. Blakiston & M' Micajah Perry attending as desired they were 
sevrally asked their opinions concerning the proposal of Sir Robt. Mont- 
gomery for making a settlement in the south part of Carolina particu- 
larly as to its effecting Virginia Whereupon they said they thought it 
would be no detriment to Virginia but if the direction of such a settle- 
ment were under the care of a good man it would be a public advantage 
especially to Carolina itself. 



[B. P. R. O. Board op Trade Journals. Vol. 27. p. 143.] 



Whitehall. Friday March 7*** 171J. 

Upon consideration of the grant made by Lease & Release from the 
Lords Prop" of Carolina of a tract of land in the South part of that 
Province to Sir Robt. Montgomery of which tract Sir Rol)ert desires 
the govern* for his life Ordered that (x>pies of the said Lease & Release 
be sent to M' Attorney General for his opinion whether anything l)e 
couta]ne<l therein prejudicial to the right of the Crown. 



[OouNciL Journal.] 



29 March 1718 
North Carolina ss 

Att a Council holden at the House of Co" Tho* Pollock in Chowan on 

Saturdav the 29"^ dav of March 1718 

Present the Hon"' Charles Eden Esq*^ Governo' Cap*" Gen" and Adm" 

Tho- Polloc«k ^ 
W«* Reed 
*T Knight 
Rich^ Sanderson 

Upon Petition of Henry Si)eller Setting forth that .lohn Berry Dying 

sc»iz(Kl of a Certain Tract of liand lying Kesiak Xtn^k and I^eaving no 

Heiits or any Will tlie same Estchrats to the li<ls j)rop" and prayes that 



> Esq" I^ls Pro])" Dc»p" 



ttM 



302 (COLONIAL RECORDS. 



a Writt may Issue out to the Escheator to Enquire whether the said 
Liands do Estcheat &c 

Ordered that a Writt of Estcheat do Issue 

Ordered that Enquiry he made into the Bounds of a Certain Tract of 
Land late Alexander Goodgroomes and a Tract now belonging to Tobias 
Knight Esq' on or near newport- River and that a Report of the same be 
made to the next Council whether the lines interfere with each other or 
not 

Upon Petition of William Stephenson praying a writt of Estcheat for 
a Tract of Land Containing One hundred Acres lying on Deep Creek in 
Little River between Thomas Holloways and the Creeks Mouth called 
Graces. 

Ordered that a writt do Issue to Enquire whether the Same land do 
Estcheat accordingly 

Upon Petition of I^aurance Mc<jrcw setting forth that Thomas Murr}' 
four years agoe survej'^d and patented a Tract of I^nd of One hundred 
A(;res lying on the Nortli Shoare of Chowan which land is now Elaps'd 
for want of being Seated and prayes the same may Ix* Granted him 

Ordered that the same be granted as pray'd for 

Ordered that Henry Lysle and William W(«t do both appeare at the 
next Council to answer the said West petition 

Upon Petition of Thomas Bray Setting fortb that a Certain Tract of 
Land of Six hundrtnl and forty aci'es was formerly Granted to George 
Smyth by Pattent l)earing date the first day of April 1714 which Ijand 
is Lapsed for want of Seating the same pursuant to the Tenor of such 
Patent therefore prayes the same may l^e granteil him 

Ordered that the same be granted as prayed for 

Upon Petition of Samuel Brown Setting forth that he surveyed and 
Patented Three tracks of Land lying in Catawalskee meadow in the 
Precinct of Chowan which Land is Elaps'd for want of Seating in due 
time pursuant to the Tenor of the said pattent and therefore prayes the 
same may be granted to him 

Ordered the siime be Granted a.s prayM for 

Upon Petition of John Bateman setting forth that John Ainsly a Free 
Dennizen Died Seized of a Certiiin Tract or pan^el of Land lyeing in 
Scuppernung and leaveing no Heirs nor any will the same Escheat to the 
I^ls prop" and prayes that a Writ may Issue to the Escheator to Encjuire 
whetlier the said Lands do Estcheat &c 

Ordered that a Writt of Estcheat do Issue . 



CX)L()NIAL RECORDS. t\m 



Onlerinl that Tlionms Stacy and Simon Privet 1x» Siuninoiie<l to an- 
swer tliie Mocon of ChriHtiau Privet at the next Council 

Tobias Knight Esq' Sec'^ of this Province haveing Offered divers 
Blank patents to this Board to be signcnl the Question was j)ut by the 
Hon"* the Governo' whether this Board should sign any Blanck patents 
as formerly or not and it pass'd in the affirmative Nemine CmUroffieetUe 

Ui>on Petition of Mathew Cay well setting forth that a Tract of I^and 
Containing four hundred and ninety Acres lyeing on the south side of 
Allegator Creek which was patented by his Brother William Caywell 
and by him Elapsd for not l>eing seated in due time pursuant to the 
Tenor of the said jmtent and therefore prayes the same may Ixi Granied 
him 

Ordered that the same be Granted as prayd for 

Upon Petition of William Maule therein setting forth that Roliert 
Paterson four years agoe Surveyd and Patented a Tract of Land Lying 
on the South side of Potakashe in Chowan Precinct w** said Land is 
now laps'd for want of being seated in due time pursuant to the Tenor 
of the said Patent and therefore prays the same may be Granted to him 

Ordered that the same be Granted as pray'd for 

Upon Petition of Co" Maurice M(X)re therein Setting forth that some 
time in December 1714 M' John Blount obtained a patent for Six hun- 
dred and Twenty Seven Acres of land Joyning to the Land whereon he 
now lives in Chowan* precinct and that the siiid Blount hath not Seated 
the same awarding to the purport and Tenore of the said whereby 
the said Land is J^apsd and therefore prayes the same may be Granted 
to him 

Ordered that the same lx» Granted as piiiy'd for 

Upon Petition of John Bennet therein Setting forth that about the 
beginning of the late Unhappy Indyan Warr in this Groverment he 
bought of one Edward Berry a Certain pei(« of I^nd lying in Cashi 
where the said Berry then dwelt Containing Two hundred Acres and 
paid the said Berry y* full Consideracon money for the same after which 
and before the said I^and was secured and Conveyed to him the said Berry 
was unfortunately killed so that he Could never get a Title to the said 
Land wherefore he praye a patent for the said Land &c 

Ordered that the same be Granted as pray'd for 



304 COLONIAL RECORDS. 



[From Nokth Carolina Letter Book of S. P. G.] 



M' URMSTONE TO THE SECRETARY 

North Carolina 

May 2»* 1718 
Sir 

Siu(« uiy la.st of 0(*tober 28"* last imst ^ Via Boston I have been in 
Curratuck where I baptized 35 <;hildreu and the Mother of one of them; 
nhe hath 3 sisters and 2 Brethern all ad nits the sons and daughters of an 
Anabaptist who pretends to be a Physician Fortune Teller and Conjurer, 
always chosen Burgess for that precinct and a leading nirfn in our As- 
semblies a fit Man you will say, for a Vestry man, but we have too 
many such in other Vestries whence it is we find so little favor among 
them; they rather oppose than promote the Interest of our Church 
rather than be subject to sucli M' Taylor my fellowe Laborer relies upon 
the Voluntary contributions of a fewe in the Neighlx)rhood (I commend 
him not for it) but being unable to travel he keeps to one house has the 
4 of Chamber for his ajmrtment and the Liberty of a large room to 
Preach in there's one Crisp my Neighlx)r gone for England, I doubt not 
but impower'd to endeavor to procure more and better Missionaries that 
will enrich the People but take nothing from them, this is the squeamish 
Grent" who instead of (inform to would have it said in the Vestrv Act 
every Vestry man should promise not to oppugn the Church as by Law 
Established and after all tho' ap|>ointed, refused to become a Vestry man 

I am 

Your most humble serv' 

JOHN URMSTONE 



[From Pollock's Letter Book.] 



May 3^* 1718 
Hond Sir 

I had the favor of your kind letter of April the 9"* with the writing 

enclosed, and to make what discovery I anild if their was any evil design 

of the Tuscaroras or Senecas against us, I sent out Mr Charlton to 

Blount's town, on another pretense, to make what discovery he could, 

who returned last week, and says he crould not find nor perceive that 



COLONIAL RECORDS. ;3U5 



these Indian had any evil design against the government : and that Blount 
was very kind, and earnest to send out twelve or thirteen of his men 
against the Enemy Indians at Neuse. And when Charlton told him 
that he had not heard any thing yet that the corn was carried to Neuse, 
or landed there, but Blount told him it was no matter, he would send 
out his men to Pemptico, and that they might stay hunting about Pamp- 
tioo, until your Honor had account that the corn was landed at Neuse. 
Only Blount desired one favor of your Honor: that if his i>eople should 
have the good fortune to catch or kill these enemy Indians, yet there 
c*ould not he a slave a head to each of them, but that several of his men 
who might be there, and as forward and as ready as the other to catch or 
kill them, yet might not catch any of them, might yet be allowed some 
gratuity for their trouble, as a blanket or some such matter. This is 
what account I have had from Charlton. 

And as for the Senecas' rudeness at Wekocanaan : it is either natural 
to them to be so, or else they have a mind to drive away the i)eople from 
their settlements their it lying in their way to Blountij town ; and I can 
not understand that Blount is so desirous of so many of the Senequas 
coming among them and spending up their provision, only can not help 
it, and is obliged to keep in with them I doubt not but that your 
Honor rememl>er that about two yeai-s sinw I had a writ of escheat 
directed to John Palin Esq' esc^heator General, to enquire by a jury of 
twelve good and lawful men whether the plantation at Sandy Point were 
ascheatable or not, which I deferred to use on the following reasons: 
First, because I was willing (if it could have Ixien done) to have had it 
first determined concerning the validity of the will secondly, there being 
other two tracts of land escheatable as well as the plantation at Sandy 
Point, I was willing to have it all done at once ; Lastly and chiefly, 
was because the Escheator was command to inquire whether the sjiid land 
was escheatable or not, which in my humble opinion, and so far as I can 
find, is not right as it ought to be. For all that the escheator is to find 
(so far as I can understand it) [is] whether the person that died seized 
hiul any heirs in the Government or not ; for whether a will or no will, 
is no part of the escheator's duty to inquire into: and this would give 
only a handle or pretence to some to amuse the Jury, and may be the 
judge too, by pretending albeit there was no heirs in the government, 
yet there Ixjing a will the land was not escheatable, and so over rule the 
Jury to bring in their verdict that the land is not escheatable. To pre- 
vent which I have enclosed a form of a write of escheat which I believe 
may be more proper. For the finding of the Jury, that such persons 
.39 



306 COLONIAL RECXJKD8. 



hath no heirs in the Government, can be no detriment or hindrance to 
any person that is donee, or devisee of any land by will, nor unto any 
heir, if he come in and make claim in the time tlie I^aw allows. 

Also I have included in the form of the writ, to inquire wither Col 
Wilkison hath any heirs in this Government, which being for the same 
land, I believe may be included in the same writ, and can be no preju- 
dice to any person, but may obviate some pretensions that may after- 
wards arise. All which I leave to vour Honor's more mature consider- 
ation to do therein as you shall see most convenient; only entreat the 
favor of your answer by the first opportunity. For I would willingly 
have this matter brought U) an end ; and I doubt not by the first letter 
to some of them from Col Gale there will be some other amusements of 
new Law books, gudges, or Attorney Gtiueral's opinions et («t. 

My son Thomas recieves with his utmost and real acknowledgement 
your Honor's favor to him, but pretends himself as yet uncapable of act- 
ing in these jjostjs; wherefore lie humbly Ix'gs your excuse at present. 
But I am in great hopes he will endeavor to improve himself, and make 
himself capable of l)eing serviceable to your Honor and the country in 
some short time. 

Having no news here of any moment ; only there is a report that some 
of the pirates have come in and submitted themselves to the government in 
Verginia, and brought in considerable quantities of money \v;^ith them. 
Your news-l)ooks, which I recieveil by Capt" Lovick, after jxirustil shall 
return them. Your Honor's excust* lor this long scTawl is humbly Ixiggetl 
by him who most sincerely is 

Hon"* sir 

Your most obedient 

Humble Servant 

THOMAS POLLOCK 



[B. P. R. O. N. C. B. T. 7. p. 101.] 



St James' July y' 29"^ 1718 

Present 

Lord Carteret Palatin 
M' Ashley 
8' John Colleton 
M' Danson 



COLONIAL RECORDS. 307 



Ordered that a letter be writ to the Gov' of North Carolina signifying 
tlieir L(»rd8hips pleasure that all the former Deputations, the old metho<l 
of making & appointing tlie Council be revoked And that M' Eden do 
immediately*constitute a Council consisting of himself & ten Councilloi's 
as tlie custom is in his Majesty's other Colonies to he assistant to liim in 
the administration of the government and to make up a part in the I/^- 
islature. 

OrderM tliat tlie Laws of Nortli Carolina be brought to tlie Board 
next week 



[Council Journal.] 



North Carolina 

At a Council held at Sandy Point in Chowan July SI"* 1718 
Prt»sent the honble Charles Exlen Governor Captain Gen" & Ad" 

Thomas Pollock^ 



> Eisq" Ixls prop" Deputys 



William Reed 
ifra ifoster 
ifred Jones 
RicJi** Sanderson 

Upon Petition of Mathew Pritchet praying Adm^ on the Estate of 
Patri(ik and (jre^or M^kgreory may be given to Jane Pike Widdow in 
l)ehalfe of her Children as nearest of kin 

Ordered that y' same be granted as pray'd for 

Upon Petition of M' John Blount praying an order for a survey upon 
a Tract of Land Lapsd last Council by Co" Mauric*e Moore l)elonging 
to the afos** Blount 

Ordered that the surveyor General or his Sufficient Deputy M' James 
I^^ly M' RicM Ijewis and M' Thomas Luten J' or any Two of them 
with the Surveyor General or his Sufficient Deputy some time between 
the first of Octol)er and the Twenty fifth of the same next ensuing or 
sooner if it can 1x3 ilonc doe make a Survey upon the afors** Land and 
return the same with a View thereof uj)on Oath whether the same Ik» 
sealed or not according to leave, to this Council and that y* s** Blount 
and M(K)re l^e served with CV)ppy of this order and attend accordly 

L^pon Petition of Rich'* Shuner setting forth that he survey** near the 
])unch Bowie at the Bear Swamp in Penjuimons prtH'inct 800 acres of 
Land which was returned in two Survevs of 400 Acres each and obtained 
jmttcnts for the same which was seated as near as this petitioner could in 
the midlcof the Two Tracts but for want of adivission line is appri'hen- 



308 COLONIAL RECORDS. 



sive one of the s'* Tracts is Lapsable for want of seating therefore prayes 
an order of this Board for Lapse pattents for the afs* Lands 

Ordered that the same be granted 

Upon Petition of Mary Williamson late wife of Christopher ffirebent 
praying for a patent for some Lands her Husband Dyed possessed of 

Ordered that the right to the s** ffirel>ents lands be in the said Mary 
Williamson and that if the s'* Lands \ye not in the Controverted Bounds 
pattents Issue out for the same 

Upon Petition Sanih Mary and Rose Blount prayes for a pattent for 
640 Acres of Land in pamlicough the pattents for the same being burnt 
by accident 

Ordered that upon the Governors enquiring into that matter if it 
appeare as the petition Sets Ibrth a new patent Issue for the same 

Read the Petition of Lemuel Lanier. 

Ordereil that it lay till the next Council and that the s'* I^nier attend 
this Board to make out what he sets forth in his j>etition 

Upon Motition of Daniel Richardson Esq' praying for Letters of 
Adm" on behalfe of the Ld* Prop" on the Estate of Co" Thomas Cary 
Dece** 

Ordered that the same be granted 

Upon a Complaint of Cap' John Hoyter, king of the Chowan Indians 
that the neighbourhood intrude upon him and his ]>eople and take away 
their Lands 

Ordered that the Surveyor General or his sufficient Deputy at ten days 
notice attend ffi-ed Jones Escj' up to the said Indian Towne and follow 
his directions in laying out the s** Indians I^ands and that the Sec*' or his 
Deputy send him Coppys of all orders passed relating to grants made to 
the aforesaid Indians as soone as possible. 

Whereas the present Assembly stands adjourned till the first day in 
August next its Ordered by this Board that they be further adjoiirneii 
till the second day of November next ensuing and that a proclamation 
Isue accordingly 

This Board taking the Act of Bath County into their Consideration 
it is their opinion and desire that the Governor as soone as possible raise 
foure |)ai'ties of men to consist of Ten white men and Indians each to 
1)0 under the comand of any person or persons he shall Judge capable 
to be Employ in destroying the Enemy Indians and that he supply them 
with provissions and other Necessarys fit for such an Expedition by 
Impressing or otherwise as he shall think most proper and that each 
partie of men 1k» employed at the following stations Viz' one party at 



COLONIAL RECORDS. 309 



the forke at Neuse one {>arty between Adams Creek and Trent river one 
[Mtrty on the north side of the Neuse rangeing towards l)ear river and 
one other party at Core Sound and the provost Marshal for the County 
of Albemarle is forthwith ordered to make an end of Impressing the 
hundred and fifty Bushell of Come and other grain ordered last Council 
and sec that its sent away direetly to Captain Gratling at Nuse at the s** 
provost Marshal is hereby Impowerod to Impress any proper Craft and 
|>er8ons to carry the s** corne to Neuse as afe** 

Whereas several indirect pnictices and abuses hath appeared to this 
Board by pei*sons Lapsing I^ands without the |>arty appearing from 
whome the Lands were taken 

Onlered that for the future pattent shall not pass for Lapse Lands till 
notice be given to the party in possession and this Board issattisfied tiiat 
the s** Ijands are Lapseable and that no pattent shall be Issued by the 
sec^ or his Deputy until they have p&ssed the Examination of Co" 
Thomas Pollock aud flFred Jonew Esc]' who are appointed inspectors into 
that affair 

It being represented to this Board that divers entries of I.iand are 
daily made in the Controverted Bounds and other Ir^ularitys Commit- 
ted by entries of Lands in other plases 

Ordered that the Surveyor General at the Councils held in the months 
of March July and October yearly lay before this Board coj)y8 of all 
his Entries and Surveys of I^nds with-a coppy of his Instructions the 
first Council that sits and that he attend the BoanI in person and l)e 
served with a Coppy of this order 



[From N. C. Letter Book op 8. P. O.] 



M' URMSTONE TO THE SECRETARY.— (Extract.) 

North Carolina 18*** 8ber 1718 
Sir 

America and the Climate Kills many I am Informed then* have 

9 or 10 Clergymen died in Virginia since I came int4> America, and not 

many less in South Carolina, some are of opinion that my life is owing 

under GckI t^) p(M)r living sparing and ordinary diet with much exeivise 

and sometimes hard lalK)r — but age makes me almt<» of the latter so that 

1 fcH'l my fare will U? worse if that can l)e, I s(4 out to-morrow to a place 

near a hundred miles off, must cross a broad Water near 12 miles in a 



310 COLONIAL RECORDS. 



canoe, where M' Keith stopt when in the province, where I hope to get 
a little beef and pork if I fail we shall inevitably Starve, and to go a 
l)egging will avail little. I've tried that nay more than once, my family 
have had little else for sometime, bnt a little l)oiled corn such as others 
feed their Hogs with, and now and then mush, alias hasty Pudding 
made of Indian Meal, or rather water Porridge such as is eaten in the 
north of England, and would Ix; good food had we a little salt butter to 
it. The longer I stay here the poorer I growe — Apparel, and House- 
hold stuff wear out, and how to recruit I knowe not, my Salary as man- 
aged will not keep us, nothing is to be expected from the Parish I can- 
not prevail with the ^'^estry Men to meet, the Governor has endeavored 
to cause them but in vain he has Difficulties enough to grapple with, this 
Country alx)und with Men of all sorts and fashions, opposers of all that 
wish well (to) it, the spirit of contradiction reigns here, they are not 
to be governed, but by methods of their own contriving, like no religion 
but one of their own making and will be served in their own way — I 
have more than once, desired that I might ro(»tMve half my Salary yearly 
at Barbadoes, either by Bills of Exchange, or General Letter of Credit. 
I want many things, from them, my Bill will not pass there for want of 
an indorscr, which is wanted in other Governm^, also to my great disap- 
pointment Goods are to be bought nowe in Virginia at the first cost in 
England, a Couple of Good Slaves, that s|)e{ik English, and that have 
l)een iwed to plantation Work, an<l a Wench for the House I want sore; 
my son is grown up and hath great otfei*s made him in England 'tis not 
jiLstice to make a negro of him, as he has Ixjcn for several years, work a 
hoe and axe, and may live like a gentleman in England, which he must 
never expect to do here, there being but few of that degi*ee among us I 
am denied one of the greatest Comforts of Life in conversation, with 
either the living or the dead, the J library at Pamptichoc, sent in for the 
use of Clergymen by Dr. Bray in all appeanm<?e will l)e to all destroyed, 
that place being abandoned and so will all the country l>e in a short time, 
for fear of 7 or 8 Indians, the remnant of some of the Towns are 
ilestroyed in the late War, who with the assistance of some from the 
North, and South, do great mischief an<l threaten the whole Colony, so 
helpless are we and a prey to ev'ry lM>dy, that will attack us the liooks 
Mr. Goixlon should have brought in, and did of right belong unto me, 
wei^e lefl with Mr. Wallace late Minister of Jleekotiui in Virginia, and 
those Mr. Adams lefl at his death and demanded l)y me are detained by 
the Worthy Gent"* of the Vestry who say they nm appropriated to that 
Parish, and no man shall have them extvpt he'll reside, which I would 



COlJOSlAL RECORDS. 311 



not do for £500 [kt ann" Now I bi^ as I liavc often done, ona» more 
that the Hon"* Society may pnx'ure an order from tlie Pro])rietors to the 
Grov' and Counsel for the delivery of tlie said Librar\' and those Books 
in Carratuck, which the sjiid Mr. Adams brouglit in or else send in 
others These several re<juests, I have made more than onc^', and if they 
came to hand ; I cannot se<» why I have no answer, except the Society 
will oblige me to leave the country, the |x»ople would Ix^ well pleased, for 
by that means they would avoid paying me £240 which is due to me and 
were it not for the hoj)es of receiving that money one day I should be 
equally willing to leave them for I am quite weary of my life I was in 
hoj^es of selling my plantation for half, worth and whenever I part with 
it 'twill be at that dav vet I must <lo it unless the Society will c()mi)lv 
with what is desiretl and let me have a favorable and kind answer with 
all speed. These are from Sir 

Your most humble st*rvt 

J URxMSTONE 
Missionary 



[Council JournaIm] 



30 Oct 1718 
North Carolina— ^s 

At a wuucil held at the house of CV Thomas Polhn'k Octo"" the 30'** 

1718 

Present the Hou***' Charle,^ Eden Governor Cap' General & Adm" 

Thomas Polhxik^ 

STffS I Esq" L«ls prop'" Deputys. 

RicM Sanderson J 

The Hon"* the Grovemor having laid l)efore this Board several imjHii's, 
proposals & Instruments l^tween himself and the Grovemor of Verginia 
towards adjusting and determining the Boundarys l)etween this Gover- 
ment and that of Verginia and haveing likewise made known to the 
Board that he has ortlers from the Lds Pi-oprietors to settle the same 
agreeable to the proposals afors** 

Itw therefore Ordered that ffred Jones Esq' C/olI William Reed and 
Capt Rich** Sanderson or any two of them be and are hereby apointed 
Comissioners for that purpose who with the Surveyor General on the 10*** 
of May next ensuing are to pnxxjed to lay out a line between the Two 
Grovernment agi'eeable and ac(x>rding to the Instruments Signed by lH>th 



312 CX)LONIAL RECORDS. 



(Jovernors afors* for that end and that the Surv'eyor Greneral give the 
Grovemor of Verginia timely notice of this order that Comissioners may 
be by him appointed to meet the Comiss" of this Goverment at the time 
afors* for the purposes an intent afors* and likewise that the Surveyor 
Greneral procure six freeholders of this Government to attend the Com- 
missijoners while the s** line is running and all other charges he or they 
may be at in and about the premL<<es they are hereby directed to draw 
upon the Lds Receiver Greneral who has orders to answer and pay the 
same out of their Ld*** Revenues 

Its represented to this Board the setting of the last Council that divers 
Iregularitys and abuses were Committed in I^jysing lands where upon 
our order framed in these words viz* that for the future pattents shall not 
pass for Ijapsed Land till notice be given to the party in possession and 
that this Board is sensible that the Lands are Lapsable 

Which order being again Considered off' by this Board and found to 
be hindrance of settling Land pursuant to the pro^*" mentioned in the 
pattent 

It is therefore further ordered that upon any pei'sons petitioning for 
Lapsd Lands for the future pattents shall immediately l)e granted which 
s* pattents shall Lye in the Sec'^ Office till the [)erson in possession have 
notice given him by the C\)nstable of the precinct where the land lyes 
and if such person after noti(M» as af<'* shall not showe sufficient reason to 
this Boanl why })atteiits should not Issue by the slotting of the next 
Board after such Lapse })attents aiv obtained that then the Secr'^ deliver 
the pattent to y* perst)ns praying for the same 

Co" William Reed Petitions for a I^pse pattent for 640 Acires of I^and 
lying in, Pasquotank survey^nl by Augustine Scarlx>rough being not Seated 
as the jmttent directs 

Ordered that a pattent Issue pursuant to the afs** ortler 

Upon Petition of M' John Blount praying an order might pass for a 
Resurvey upon the I^iiud now in dispute between Co" Maurice Moore 
and the s** Blount and this Board by the surveyoi-s returne now laid be- 
fore them being made sensible that the Quantity of I^and wanting to 
make up an Acre is not so much as the fence stands upon 

Its therefore Ordered neniine CoidradiceiUe that the Surveyor General 
make a resurvey of (jf the s'* Land without the fence so farr as the s'* 
fence extends as pray'd for and that M' Blount give notice to Co" Mau- 
rice Moore that he may attend and this Board being in all likelyhood to 
continue setting a Considerable time by reason of the assembly meeting 
Therefore its further ordered that the returne of the afs* survey be made 



C()I/)NrAL RECX)RDS. 'W^ 



this present sitting of the Council and that all i>ersons formerly ordered 

to view the same attend this Board as afsd 

Upon Petition of Henry Lisle setting forth that he issattisfied and p* 

by W" West for a Tract of T^nd now in disput l)etween him and the s** 

West praying that a ]>attent for the s** Land goe out in the s** West name 
Onlei^ed that tlie same l>e granted as prayed for 

CHARLES EDEN 
THO* POLLOCK 
W" REED 
FFRA FFOSTER 
RICH^ SANDERSON 



[Council Journal.] 

4 Novemljcr 1718 
North Carolina — ss 

At a Council lield at the House of Co" Tho- Polloi^k Nov' v" 4'»* 1718 

Present the Hon"* Charles Eden Ksif Governor C'ap' General ete 

Tho' Pollo(^k 



Es([" Lds prop*" Deputy.*^ 



William Reeil 
ffred Jones 
Rieh* Sandei>ion 

Two Letters being laid Injfore this Boartl from M' Sec'^ Knight Dateil 
Oeto' y' 30"* 1718 giving an aw^ that a grt»at Ixnly of Indians are now 
alxmt Bath Town that they have seized M' Worsleys daughter and sonn 
with a white servant and Nc^roe and that Rangers have l>een sent out in 
seanih of them who have rataken M' Woivseleys son this Board haveing 

dulv considered of the said letters and Examined '— Adershire 

one of the Rangers who was at the retaking the afe* young man from the 
Indians and not being fully sattisfied of the information it is there opin- 
ion before anything further be done it that a messenger be immediately 
sent away to Bath Towne to M' Sec'^ Knight with ordei>> for him to send 
the s** M' Worselvs son direetlv into the Council who will «)ntinue sit- 
ting til the return of the s** messenger and that M' Sec*^ returne a very 
full aa;' of the matter and of every thing that may have happened since 
his dated as afors'* in the aflernoone Then this Board adjourned til the 6*** 
of this Instant Novem' to M' Grils House in Matitracomack Creek 

Nover 6"" The Board met again Present the Hon"' the Grovernor 

William Reed 

iFred Jones y Ksq" Lds Deputys 

Rich** Sanderson 

40 



314 COLONIAL RECORDS. 



Upon Petition of Co" Ixlward Moseley as Attorney of M' Maurice 
Moore setting forth that an order passed last Council for a Resurvey on 
the Lands in dispute between the s** Moore and M' John Bh)unt was 
obtained Exparte and prays that persons l)efore ordered to view the s* 
Land doe first make their returne to this Board l)efore any new proceed- 
ings be had thereon 

Ordered that the subject matter of the s** Petition he taken into Con- 
sideration on Munday next and that no proceedings bo had thereon till 

then 

CHARLS EDEN 

WILLIAM REED 

FFRED JONES 

RICH* SANDERSON 



[B, P. R. O. N. (\ B. T. Journals. 7. p. 107.] 

Nov' 7"» 1718. 
Present 

Ix)rd Carteret Palatin 

M' Ashley 

S' John Colleton 

M' Danson. 
A letter fi"om M' EMen & the Council of North Carolina setting forth 
that the ])rohibition of the sale of land in North Carolina is inconsistent 
with thesetling of the Province &c. was read and their Lordshi])s agreed 
to consider further of that matter when they have received an answer 
from that Pmvince in relation to M' Moseley's Pro|Kjsals for the l^etter 
ascertaining the Chief Rents. 

Agreed that M' Eden may have a Title and that the Order under M' 
Eden and Col. Si)otswoo(rs hands may l>e approved of, and consented to 
by his Majesty 



[Council Journal.] 



North Carolina ss. 

Att a Council holden at the Court House in Chowan Noveml>er the 
11 1718 

Present the Hon*"^ Charles Eden Esq' Governor etc 
TThos Pollock ^ 

J William Reed l- r t i tw i\ * 

ffred Jones ^^ ^^"^ ^'''i' ^^1^"^-^'^ 



i ffred Jones ( 

(^Rich* Sanderson J 



COLONIAL RECORDS. :115 



Mr John Hardy appeared before this Board and made a returne of hi.s 
proceedings alK)ut the Alarme lately made in pamli(x)ugh which with some 
Ijetters from M' Sec*^ Knight and deposition brought in and now laid 
l)efore this Boanl by Cap* John Worley proves the whole affair a Vil- 
lianous confedercy of M' Worseleys Children and servants with his slave 
Porapey in order as it is l)elieved to keep the s'* Slave from the derserved 
punish m* due to him for former Roguerys of this kind done by the s'* 
Pom[)ey which lx»iug duely weighed and considered of by this Boaixl 
and the ill Consequences that attends such false reports and Alarmes and 
for the Terror of others it is hert^bv Ordered that M' Thomas Worslev 
l)efore the Marshall discharge him give bond with sufficient security in 
the sum of Five hundred pounds that he and his Daughter Mary like- 
wise attend the Governor and Council or General C/Ourt at the next meet- 
ing and stand to and abide such onlers as shall be passed ag* them and 
not depart without leave of the Court and that they Ire of their good 
Ix^haviour in the meantime. 

And it is further Ordered that the Marshall or his Deputys in the face 
of the Courts immediately give to John Worseley son of theafs** Thomas 
Worselev 39 lashes well laid on on his bare back and its further Ordered 
that Nathaniel Ming servant to the afors** Thomas Worseley in Consid- 
eration of his being servant and discouveriug the above s** Roguery have 
but 29 lashes on his Iwre \mck at the same time and place with M' 
Worselev son 

And its further Ordered that all possible means Ix? used towards apper- 
hending and takeing the afos* Indian slave either Dead or alive and in 
case he should be taken alive that the Governor deeired to bring the s* 
slave to speedy Justiw. 

Its likewise further Ordered that M' William Charlton immediatelv 
repair to Blounts Towne and give him an aocompt of the discovery made 
in the affairs of Pom|)ey and to let him know the Services done by one 
of his Indians named Johnny and withall that as the Governor from 
time to time informs him of occurrances as they happen that this Boanl 
ex|>ects the same from him and that he will encourage any of his Indians 
to scout out in order to apprehend the s** Pompey that they shall have a 
sufficient reward for the same 

The Surveyor General not haveing laid l)efore this Board his Instruc- 
tions returns and Copy of entries pursuant to an order i)asscHl last Coun- 
cil is herebv onlered without fail to lav v' same Ix^fore the Examiners 
that pattcnts may Issue. 






16 COLONIAL RECORDS. 



This Board finding it necessary to continue Rangers in Bath County 
do hereby order tlmt Rangers be continued subject to the Governors direc- 
tions and that the provost Marshall impress the remainder of the Corn 
unpressed and so much more as will make up the quantity 200 bushels 
and that he shall deliver the same to such person or persons as the Gov- 
ernor shall order and appoint and take receipt for the same 

Upon Reading the petition of King Squires and Mackay its ordered 
and declared that all entrys and surveys and pattents that heretofore have 
been or hereafter shall l)e made or granted or any sales by them made 
without leave from the Goverment and Council by them and their people 
of the Jjands appointed for the Settlement of the Marmiskeet Indians 
shall be invalid and of no Effect to all intents and purposes as if the 
same had never been made or granted and t4) prevent all further oompl" 
its ordered that the Sec'^ and the Surveyor General l)e accjuainted here- 
with 

Ordered that writs are Issui^d for calling an Assembly to Seat y* Court 
House in Queen Anns Creek the fii*st Tuesday in ManJi next 

Upon Petition of John Lovich Setting forth that some months before 
Governor Hyde dyed he entered with the Surveyor General a Tract of 
Ijand containing by Estermation four thousand acres of Land lying in 
Bath County knowne by the name of Core Towne and by reason of the 
Indian Warr which made it very dangerous to go out in those j>arts it 
was not surveyed by him l^efore his Death after which Adm'^**' l)eing 
granted to the widdowe of the s** Governor Hyde she entered the s^ Lands 
in her owne name and soone after left the Goverment leaving the care of 
the Afs* Lands in her Atturneys hands who promised Her to see it saved 
to her and further Sheweth that his the petitioners Unkill Edward Pard 
of London formerly lent Governor Hyde a Considerable Sum of money 
which he promised to pay to the j>etiti oner who came out of England 
with him upon the afs** promises and lived with him till his Death but 
never reed one farthing of the afors** money tho he had abundance of 
Assurances that he would do it as soime as the Government was Settled 
(it being then in the greatest Confusion) but his Death prevented, And 
the Widdowe being sensible of the afbrs'* Debt had discourse with peti- 
tioner several times about it and seeme<l very much Conwrned it had not 
been paid and being willing to make some sattisfaction as well for the 
money due to him upon his Unkles aixxmipt as his Owne Services ga^'e 
your Petitioner a Deed for the s** land which is here product^ the Peti- 
tioner haveing such Title as afs** lias often moved the Governer that he 
might take out pattents for the s'* Land an<l has IxHiu and now is ready 



COLONIAL RECORDS. 317 



to pay the purchase therefore but has all ways been denyed by reason as 
vonr Petitioner is told that Co" Tho* Pollock had made an offer of the 
afors* Lauds (dureing the time of his being President) to the Lord Car- 
teret for a Barony and til his answer is reod is stil denyed the same, to 
the great hindramre of their Lds settlement as well as ])rivate Damage to 
tin's Petitioner, the pnmiises lieing duely Considered by this Board the 
Petitioner prayes an oixler of Council forbiding any Entries to l)e made 
on the s** I^and claimed by the petitioner and in case the Ld Carteret dix» 
not in Some time lay claim to the same that the ])etitioner and no other 
have right and Title there to 

Ordered that in (use the Ld Carteret doe not make his claim in some 
reasonable time that the right and Title to the s"* Land he in the s** John 
Lovich and that all entrys or Surveys made on the same Land for any 
other j)erson be null & Void 

Upon Petition of John Cain setting forth that John Hendricks dyed 
Seized of a Tract of Land lying on the East side of Cascupernung river 
Ixiing the jK)int of the river and that he hath made no Will nor is there 
any relations of the s** Hendrick to be found praying a writ may Lssue to 
enquire wether s** Land doth escheat & that a pattent may be granteil to 
him for the same 

Ordered that a Writt of Escheat doe Issue for the same 

Upon Petition of Cap* Richard Sanderson Setting forth that John 
Hendricks late of this proving is Dead and that he dyed Seizeil of a 
TnK't of Land Containing 600 Acres lying on the Sand Banks between 
Cap' Sanderson and Thomas Evans lines which s'* I^nd doth Escheat to 
the Ijds prop** for want of Heirs of the s'* Hendricks prays a writ of 
Escheat may goe out to enquire whether the same doth Escheat and that 
the petitioner may have a pattent for the same 

Ordered that a writt of EscJieat do Issue for the same 

Upon petition of Co" William Reed Shewing that John Jones Jun^ 
SurveyM 200 Aci-es of Land or thereabouts lying on the Broad neck at 
the mouth of North River and pattented the same and afterward Sold it 
to the Pet^ but the same not l)eing seated pursuant to proviso in the pat- 
tent he prays a Lapse pattent may l)e granted for the same 

Ordered that the same be granted as prayd for 

Upon Petition of Co" William Reed Setting forth that John Jones 
Jun' formerly pattented a Tract of I^and containing 248 Acres or there 
alK)uts lying at Powell point the which y* s** Jones has sold to one Thomas 
Williams and the Same not having l)een seated by either of them as the 
pattent direct^ l>niys a Lapse pattent may l)e granted to him for tlie same 

Onlered that the same be granted 



318 COLONIAL RECX)RD8. 



Upon Petition of Cap* James Browne setting forth that one William 
Joy abont 20 years Since took np a parcel of Land in Pasquotank Pre- 
cinct Containing 216 Acres or there about which Land the the s'* Joy sold 
to one Nickolas Algate but neither of tliem haveing Seated the same as 
the Law directs prays a I^apse patten t for the a tors'* Land may he granted 
him 

Ordered that tlic same Ik? granted 

Upon Petition of ffred Jones Esq' Shewing that about five years since 
Mr Lewis Connor of Verginia pattented a Tract of Land lying on the 
long ridge Containing 640 Acres which is not seated as the "^'vis in tlie 
s** pattent directs praying a Lapse pattent for the same 

Ordered tliat the same be granted as prayed for 

The Petition of Co" William Keed was read shewing that Stephen 
Scot pattented a Tract or parcel of I^and in the Broad Netjk Containing 
400 Acres or therealx>uts now in the j>oasession of Edward Son of the 
said Stephen St^t neither of which haveing seated the same as Lawe 
direct he prays a Lapse pattent may be granted to him for the s** Lands 

Ordered tht? same be granted 

U{)on Petition of Co" William Reed setting forth that Augustine 
Scarborough in the year 1708 Pattented a Trac^t of Land lying in Pas- 
quotanke Containing 567 Acres but did not in his life time nor any one 
Since his Death seat the Same as by I^awe they ought prays he may 
have a lapse patent for the same 

Ordered that the same be granted. 

Read the Petition of Jacob Miller shewing that James Walker late of 
this province dyed Seized of a Tract of Land (>)ntaining 800 Acres 
lying on the South Side of Nuse river which Land is Escheatable to the 
Lords prop" for want of Heirs of the s'* Walker praying a writt of 
Kscheat may goe out to enquire whether the said Land doth Escheat and 
that he may Obtain a patent for the same 

Ordered that a writ of Escheat do Issue for the Same 



[From Pollock's Letter Book.] 

Dei" S**^ 1718 
Hon^ Sir 

I have herewith enclosed my real sentiments as to the queries proposed 

by M' Knight, but must nee<ls acknowledge my weakness in such high 



COLON I A J. RECORDS. .310 



matterHy and want of time, being unwilling to detain the messenger too 
long: and to answer to what you desire in the postscript of Mr Knights 
letter, I declare that I never heard any thing of any applications to Ver- 
ginia concerning Capt" Thach, nor nothing of any intended expedition 
out of Verginia, until I heard that Capt Brand was come in, and that he 
and Col Moore and Capt" Veall wore gone to Pamplico. 

There seems to be a great deal of malice and design in their manage- 
ment of this affair: wherefore I hoi)e your Honor will be very cautious, 
and not to give them any opportunity to take advantage, which you 
no some |)eople are ready and willing to do. And the Statute 11 and 12 
King william being that all Governor in the sjiid plantations under pro- 
prietors shall assist the commissioners, as is before expressed in the 
answer, and l)elieving that Governor Spot ts wood would not act as he does 
by that old commission to Governor Nicholson ; wherefore it is good, in 
my opinion, to be easy in the matter, and ready to do as the law directs, 
that they may be disappointed if they expect any advantages by your 
refusal. And as for the trial of the men, if they will have it in Ver- 
ginia, it [will] ease your Honor of a great deal of trouble, and take off 
the odium of it from this government. 

I hope your Honor will pardon my freedom, and take it in good part, 
and if I have erred any way in my opinion, please to attribute it to my 
weakness and want of a right apprehension of the matter, and not to l)e 
the want of sinceritv of him who is * * * * 

As for the sugars or other goods delivered, or landed to Im delivered, 
to the Governor, to Ik? secured for those that can make appear a right to 
them it seems to me that thev can not be seized or tarried out of the 
government, until by Judgment and c<on<lemnation the proj>erty be deter- 
mined to be in the King, the Lords Proprietoi's or recroveixnl by due 
course of law by the owner, and it setMUs to me the goods l)eing in this 
government, or in some suj>erior government, which is only in England, 
unless the government of Verginia have a cH>mmission from our present 
King thereanent a<'cording to the statute the 11 and 12 King William, 
which statute was only for seven yeaiN, and in the fifth of Queen Anne 
continued for seven years more and lastly in the first of our present King 
revived and lijutinutnl for f\xt vears more and to the end of the next ses- 
sion of Parliament. 

Then as for Governor Spottswood sending in foi*ces here to apprehend 
Capt" Theach and his men, it seems very dark and strange to me for by 
the foresaid Statute 11 and 12 of King William the power of trying 
pirates is only given (•ommissioners to l)e appointed by the King under 



:V2() CX)rA)NrAI. RFX^OUDS. 



the great seal of England or the seal of achniralty. So that unless the 
Governor of Verginia be ap])ointecl by Commissioners as aforesaid from 
our present King thereanent, I know not by what authority he could 
send in warlike forces into this (iovernment without the (consent of the 
Government. And I should think if he had a commission from our present 
King to act in this manner, it would have l)een ex^y to have expressed 
it more fully in his jK)wer given to Captain Brand, and it would have 
l)een reasonable (as I take it) to have sent in a i^opy of it to the Gov- 
ernor here, that he might have had s<jme guide and directions how to pro- 
ceed in this matter. For as for King Williams commission to Governor 
Nicholson, (as I take it) it was determineil at fiirthest in six months after 
his death, and so I believe can l)e no sufficient authoritv for anv other 
Governor of Verginia to mrt by : and also by the same commission the 
Governor of Carolina seemed to he of ecjual |K>wer with the Governor of 
Verginia in the trial of pirates. 

And whereas by the King's proc*lamation all admirals, Capt^u'ns, Gov- 
ernors, & (X3t. are commanded onlv to si»ize on and take such of the 
pirates who shall refuse or nt»glect to surrender themselvw acconling 
to the j)r(K'lamation : 

Now aboit that Thi»ach and his men have come in an<l surrendered 
themselves, acx-onling to the pnx'lamntion, yet if they have Ikkmi guilty 
of jwracy after the o*** of January last, whether this may not be acc^)unted 
a refusing or m^hx'ting to surrender themselves a(r<'ording to the I jaw 
intent and meaning of the pnKOamation. 

And as for carrying out such person to Ix? tried in Verginia, unless as 
is said the Governor of Verginia has a particular comnu'ssion from the pres- 
ent King, I cannot see how he (sin legally do it, for, if the act by virtue of 
the «)mmission to Governor Nicholson, by the same commission the 
Governor here hath the sanie power, and the jxirsons Ixiing inhabitants 
of this of this government ought to Ik* trial here, for where two person 
have equal rights, he that hath the j)ossession ought to have the preferance 

I have given my opinion and true senti mentis in the matter proposed, 
according to the best of my knowledge impartially, but must acknowl- 
edge my weakness and unacquainted ness in affairs of such high wmt^rn, 
and also want of time, having but little time to i>eruse the papers and 
return — * * * 



(XJLONIAI. RECORDS. :V2\ 



[Council Journal.] 

;JODw 1718 
North Caroijxa ss 

At a Council held at the houne of M' Chief Justice Jouck's De<.*enilxT 
.30t.h 1718 

Pi'cseMt the Hon**'*' Charles Eden Esq Governor Ca]>tain General &v 

Thomas Pollock^ 

ifra ifixster l^ « r j u i\ * 

ffr«l Jones ^^^1 ^^ »"•"•' ^^^^l'''^^* 

Rich** Sanderson 

M' Maurice McK)re and M' Edward Moselev on the 27*** day of De<vni- 
ber last having Ixxjn (xmiitted to the C\Kst(Klay of the Pn)vost Marshal 
for illegally iK)Ssessing theiusi^lves of the S^xlys OfBc^e the Journals at 
the Council and several other j)api»rs Ri^lateing to the govennent lo<lged 
at Sandy Point the Dwelling house of Cap' John Tx)vick D(»puty Sec*^ 
and the Hon^'* the Governor haveing called this Board ujK)n the same 
and laid lx?fore them his reasons for so diK'ing 

It is the Opinion of this Board that the s** Moseley and Moore are 
guilty of high Crime, and misd(»ameaners being not only tending to the 
manifest Injury of the ))eopleand Sul)verting thecjuiet of the govennent 
hut a high contempt and dish<mor of the Supreme authority thereof in 
entring into the Offices Afors** and detaining near twenty four hours the 
records pajx^rsand Journals afors'* and that the Governor has Justly and 
warrantahly committiHl them for such their crimes and Ix'ing further 
informe<l that after the committment of the said Moore ami Mosely they 
used several dangerous and seditious speeches and expressions cndeiivour- 
ing thereby to raise Sedition and disturb{UK*e in the Goverment 

Wherefore its hereby ordered that M' John l^>vick Deputy Sec^'^ M' 
John Blount and M"" Thomas Wi»st \w Examiiu^l u|K)n Oath and their 
De|)ositions taken n»lateing to the premises afors** which W(»re accordingly 
taken 

Then the Boanl adjourned until to morrow morneing early 
Wednesday Morneing this Board met againe present y* siime 
This Board haveing taken the depossitions of several |)ei*sons and 
duly considered the Act intitled an an Ac< for the lx?tterand more Eifec- 
tual pn^serving the Kings Peace and Establishing a gixnl and lasting 
foundation of Government in North Carolina they are of opinion that 
M' E<lward Moseley is guilty of a brejieh of that I^aw where upon it is 

41 



322 COLONIAL RECORDS. 



Ordered that the s'' Eklward Moseley do stand ^further Committed as 
well for the same as also for the charge High Crimes and Misdemeanors 
for which he is now in Custody and further that the afs** Maurice Moore 
do likewise further stand commited for the st»veral Charges of High 
Crimes and Misdemetuiors he is now also in Custody until next General 
Court held in March next unless they the s** Edward Moseley and Maurice 
Moore shall in the meane time demand and give good and sufficient bail 
to Richard Sanderson Esq' in the sum of Two Thousand pounds each 
to answer the causes they allready stand ( -ommitted for, and the s^ Mose- 
ley in the further sum of one thousand pounds to answer the breach of 
the afors'' I^we and also for their appearance the first day of the s** 
Court and in the meanwhile to Ixi of their good behaviour and that the 
Atturney General be ordered to prosecute them for their offences 

Ordered that the Sec'^ prepare a pnxJamation for the better preserving 
Kings peace and for the observing the |K*nal Laws and that it be pub- 
lished as soon as possible 

Whereas the Hon"* the governor haveing laid l>efore this Boanl a 
Narative of his proceedings alx>ut the Surender of Thache and his Crew 
to him and of Some disorders committed by them while at Bath Towne 
and By what mc»ans they were quieted together with the manner of his 
clearing out for the Island of St Thomas and his rcturne to Bath Towne 
the second time with his bringing into this (iovcrnm' as he pretended a 
Wreck laaden with sugars with a full acci>ut of his behaviour till the 
Sloops of Warr from Verginia attacked and kilknl him at Ocacok Inlet 
as also the steps taken by the Governor of Virginia and Cap' Ellis Brand 
(Comander in Chief of both the afs'' Sloops) since Thaches Death with 
their demands as to the people that had surrendered themselves to this 
Government and their Efiwts and the inclusion that he came to there- 
upon And the Governor haveing further informed the Board that on the 
27''* day of Deceml)er last he had information that M' Maurice Moore 
and M' Edward Moseley took into their possession the Records of the 
Goverm* and jx)ssassed themselves of all his owne papers keeping him 
out of his owne Ixxlging roome and barring the Sec^y from his offi(« 
upon which he committed them both to the provost Marshall and their 
being a full acH?ompt ui)on Oath of their Impudent behaviour since and 
Threat ning speeches. 

Ordered that the Secty prepare an address to the Lils prop'" upon the 
subject and as soone as finished that the Deputy Sec'^ attend the memlK^rs 
of this Board with it for their approbation and signeing 



COIX)NIAL RECX)RDS. 323 



Whereas this Board having (considered that the time of Collection draw- 
ing very neaix* and that after the 25*** of March a much greater sum of 
the publick money will Ix^ rc»ady to 1k» sunke have deffered the (tilling of 
the Ass(;mblv to the Considerati(m of the next Board 

U|>on Motition Co" Thomas • Poll(K;k praying a writt of Escheat for 
all the Ijands that Co" William Wilk(*iLson died simzwI of and all the 
I^ands of Ester Wilkenson who afterward Married the s** Co" Thomas 

PoII(K'k. 

Orderwl that the same be granted. 

Whereas it hath Ikhmi by long experience found by the frequent and 
N^H-essitoiLs meeting and Calling the Council togt»ther that the same is 
ver}' exj^nsive as well Jis burthensome to them by not only n^lecting 
their own private business but also by their Travelling so farr distant 
from their owne habitations as most of them must and the trouble they 
niv forced and comjK»ll(?d to Create to some one or other of them in enter- 
taining the rest of them and their servants many times several days 
together wherefore the Hon**'* the Governor by and with the advice and 
Consent of this Boanl have well Considered the same and in onler to 
R(Hlress the afs'' inconvenien(»ys and that each of the Council may with 
mon» cheerfulness and rea(lyn(»ss Attend the me<aings ats** they have 
thought it very reasonable that the exp(jnc<?s of the meeting of the Council 
should l)e for the futu«» l)orne & defrayed out of the Ijds prop** Ilevenues 
and thereujK»n have ordered their Ia\s Receiver General to j>ay and defray 
the siune acconling to an article in his Instructions for doing all such 
matters as the Governor and Council shall think reasonable 

lT|K)n Petition of Rich** Sanderson YiHq^ Son and Heir of Rich^ San- 
derson Es(j' praying that Estate whereof his s** Father DecM Died pos- 
sess(Hl might l)e and nunain in his possession untill the (.Vmtroversy alxnit 
proving his late Father will be determined 

It is Ordered that Co" William Reed M' Thomas Taylor and W^illiam 
Ml ofCouratuck or any one of them in Conjunction with the above 
named Richard Sanderson doe take into their care and j)ossession the s** 
Estate and make a true Inventory thereof he having given security Iwfon* 
this lioard for his returning the s** Estate or so much thereof as shall 
herciifter app(*are to lx» due and of right l)elonging to M' Thomas Swan 
they giving notice of the time of the Inventorying the same to the s** Mr 
Swan that he may l)e then tliere if he thinks fitt 

It l)eing represented to this liojird that the Surveyors of this Province 
by their not perticularly menticming in their returns where the I^and 
return(Ml by them lyes is oi' great prejudiw^* not only to the |MK)ple but 



324 (X)LONIAL RECORDS. 



also to I^s prop*" wherefore its ordered tliat hereafter all returns shall 
l)e verj' full and particular as to the Scituation of the Land and the Sec*^ 
and his Deputy are hereby ordered not to make out pattents for any 
Land unless such returns are very full and Intelligeable 

Ordered that the secretary and the surveyor General by the Silting of 
the next Council bring in and lay before this Board all the Blank War- 
rants for Land that either of them may have in their keeping or j>osses- 
sion without fail 

Ordered jthat it be a standing rule for the future that the Minutes of 
the Council be signeil by this Boad allways before their breaking up 
. Ordered that the Secretary prepare a Letter to be sent to the Lords 
Prop*" for the Recomending ffred Jones Esq' to be Chief Jastice of this 

province 

CHARLES EDEN 

THOS POLLOCK 

FFRA FFOSTER 

FFRED JONES 

RICH** SANDERSON 

Coll William Reed comeing in after this Board broke up and Two of 

the mcml>er gone the whole affaires of this Council was Communicated 

to him by the Governor Co" Tho' Pollo<*k and M' Chief Justici* Jones 

ami havcing tlioiiroly exaniintHl tlu* same ami agrtinl to all the pnK-eetl- 

ings has hereunto Set his name 

WILL REED 



1719. 

[From the Spotswood Lettkrs. Vol. II. p. 272.] 



February ye 14th, 1718 [1719.] 
To my Ijord Cartmrighi: 

My Lord: 

The Neighborhood of your lordship's Province of Caro- 
lina has afforded me divers opportunitys during my Administration liere 
of Testifying my R<^ard to the Interest of the Hon'ble Proprietors and 
the Relief of the People, as well during the Civil Commoticms inthe <me 
as the Indian War, wluTein both has l)een smHHHsfully eugagwl. As I 



COLONIAL RECORDS. 325 



cannot be unconcerned when any Dangers Threaten the King's Subjec^ti? 
in that Xeighlx)urho(Kl, I hojKi the part I have lately ac»tecl in Rescueing 
the Trade of North Carolina from the Insults of Pyrates upon the Earn- 
(«t Solicitations of the Inhabitants there, will not Ix) unacceptable to 
Your Lords' p, and it is more necessary I should give Your Lord'p a true 
Relation of that matter, because I perceive some of your Officers in that 
Governm't inclinable to misrepresent it as an Invasion of the Rights of 
the Proprietors. Your Lord'p will, therefore, be phrased to know That 
al)out the Ix^inning of last June, one Capt. Thatch, a Notorious Pyrate, 
refused to a(?cept of his Majesty's pardon offered him by the Governor 
of South Carolina al)out eight days before he Ijost his Ship at Topsail 
Inlett, with one of the four Sl(K)ps he had in his Company, upon wVh 
he and his Crew pretend to Surrender to the Governor of No. Carolina, 
most of his people disj>ersed, some going towards Pensilvania and New 
York, and others l)etaking themselves to their former Villanies, under 
the Command of Major Bonnet Thatch, w'th alxnit 20 more, remaintnl 
in No. Carolina, and kept (me of the Sl(M)ps, pretending to Employ 
themselves in Trade, but lH)th their disc^ourses and Actions plainly show'd 
the wickeilness of their Designs. The Inclased Affidavit of one of the 
Inhabitimt^ of that province, and M'rof a Vessel 1 there, will l>est display 
Thatch's insolent l)ehaviour, and how little sensible that AbandcmcHl 
Crt»w wert^ of the Clemency they had received. Upon the repeated Ap- 
pli(!ations of Trading People of that Province, and the Advice that Tach 
had taken and brought in hither a Ship Laden w'th Sugar and Co(X)a 
without either men or Papers, I thought it necessary to put a Stop to ye 
further Progress of the Robl>erys, and for that purpose, having pre- 
vaile<l with our Assembly to give cronsiderable Rewards for the Apprt*- 
hending and destroying of these and other Pirates I hired two Sloops, 
furnished them w'th Pilotts from Carolina, concerted w'th the Capt's of 
his Maj'ty's Ships of this Station the proper Measures for extirpating 
that Gang of Pyrates. These Sloops, fitted with Men and Officers from 
the King's Ships, Came up with Tach at Oecceh inlett on ye 22nd Nov'r 
last, and after an ol>stinate Resistance, wherein Tach, w'th nine of his 
men, were killed, and nine more made prisoners, and took his Sloop, 
w'ch WJis mounte<l w'th 8 Guns, and in all other riisiHxrts fitted rather for 
piracy than Tmde. The prisoners have heeu brought hither and Tryed, 
and it plainly ap|)ears that the Ship they brought into Carolina was, 
after the date of his Majesty's pardon, taken from the Subjects of France 
uiK)n the high Seas, near the Island of Bermuda, and the Men put on 
Boani another ship of the same Nation taken at the simie time, and was 



326 COLONIAL RECX)RD8. 



not a Wreck, as Taeh persuaded the Governm't of your I/ord'p's Pro- 
vince to believe. 

Now, ray Lord, it seems to be taken very much amiss that this Pro- 
ject of Suppressing the Py rates should have lx?en a>ncealed and put in 
Execution without the participation of your Lordship's Gov'r, and, in 
the next place, that the Goods w'ch Tach had Piratically taken should 
be brought into this Colony to Ixi condemned. To the first of these I 
beg leave to Answer That your (Jov'r living very remote from hence, in 
a Pla(* thinly Populated, and where these Pyrates had their chief 
resort, I ci>nsi(lere<l that should ye Design Miscsirry, your Gt)v'r must 
have Ix^'n more exposed to their Revenge for l)eing Ictt into that Secret; 
That he was there without force to defend himself, and (consequently 
(X)uld contribute nothing to the Suct^ess of the Design, and, Ixisides, the 
business requireil such Secresy, that I <lid not so nnich as communicate 
to His Maj'ty's Council here, nor to any other Person but those who* 
were necesstirily to l>e (»mployed in the Execution, least among the many 
favourers of Pyrates we have in these Parts som(» of them might send 
Litelligence to Tach. To the se(*ond, as I gave no directions for the 
seizure of any G(W)ds upon your I^Vp's Soil, so I have taken care that 
the whole Effects brought from thence l)e duly Inventory'd and secured, 
and that no DecTce shall pass here until your Lord'p's Deputys be heard, 
for which purpose Noti(?e is sent to Carolina of the time of holding tlie 
Court of Admiralty, and I am Confident from the understanding and 
honesty of the Judge of that Court that your Lord'p and the other 
Hon'ble Proprietors wMl rc^ceive as much Justice asif thcTryal had l)een 
in your own Province. As I am also well assured that if you have a 
Right to any of thes(» Goods you w'U lx» considerable Gainers by their 
Importation and Sale here, where there are many more purchasers for 
such Commodity s than in Carolina, and I may say without Reflection 
much l)etter Payment, but it is not improbable the True Owners may 
yet put in their Claim, w'ch w'll put an end to that dispute and to all 
pretensions, except for the Salvage, and I l)elieve your Ijords'p is too 
(renerous to ask from the men who ventured their Lives to Res(»ue it 
from the Pirates, considering the Expense of Blood it cost, there being 
no less than 12 Killed and 22 Wounded of the King's Men that went on 
this Service. 

This, my Lonl, is a true Act^/t of the late Action in y'r Lords'p's 
Province, w'ch, however, it may be represented through the mistaken 
Notions or Passions of some men, I hojx? your Ijords'p w'll find nothing 
in my Conduct tlierein derogatory to the Honour of y^' Government, or 



COLONIAL RECORDS. :V27 



your L<)'p\s Interest. If the necessity of preventing the Growth of so 
dangerous a Nest of Pyi*at4»s in the very roail of the Trade of Virginia 
and Mar}^hind, jis well as of your liOixWp's Province, and the stK*resy to 
w'ch I was obliged for the Effectual Carr\'ing on this Service has fbrc^l 
Me to jiass over some forms w'th Your (lovernment, I hopt* Success may 
atone for that Omission, and I doubt not your Ivords^p wMl prefer the 
Ix^nefit of so many of the King's Subjwtcs, (w'ch must otherwise have been 
exposed to the Rapine of the^^ Pyrak^s,) to the present Resentments of a 
few discontented Men, as I shall always preferr to all the Applause or 
OblcMjuy such Men can give, ye Satisfacon of Ixiing, as 1 truly am, w'th 
the greiitest resjxjct. 



[B. P. R. O. B. T. Virginia. Vol. 60.— Extracts.] 



VIRGINIA— JOURNAL OF THE COUNCIL 

The 11"' day of March 1718(-9.) 

The Governour acipiainteil the Council, that five Negroes of the Crew 
of Iklward Tack and taken on Ixxird of his Sloop remain in Prison for 
Piracy. That he had delay M their Tryall till the severity of the Winter 
Season was over that he might have a full Council in order to a more 
.solemn Examination of the severall Piracies of which these and the rest 
of that Crew have been Guilty. That he judged this the more necessary 
because he finds Report^ are Lidustriously sprea<l abroad that Thatch and 
his Crew were not only within the lx*nefitt of his Maj'^* late pardon; but 
that the Sloops were fitted out for taking them after the .said pardon was 
adually arrive<l here, tho it is easie to ba provetl that the same did not 
arrive till upwards of a Month a^er these pirates were taken and what 
is yet more unac(:x>untiible practices are .sett on f(K)t in the Government of 
North Carolina to justifie that Crew as Inncx^nt of any Piracies .since 
their first Surrenders. That he liopM a greater number of the Council 
would have met now, but seeing no more are to be exi)ected at presc»nt 
he desired the opinion of this Board whether there l)e anything in the 
Circum.stances of these Negroes to exempt them from undergoing the 
same Tryal as other pirates. 

Whereupon the Council are of opinion that the .said Negroes being 
taken on Board a Pyrate Vessell and by what yet apj)ears equally con- 
cerned with the rest of the Crew in the same Acts of Piracy ought to Ije 
Try'd in the .same Manner; and if any diversity appears in their circum- 
stances the same may be considered on their tryal 



-m CDLONIAI. RECORDS. 



[Council Journal.) 



North Carolina — ss 

At a (H)uiieil held at the hoii.se of William Dinkintteld E.s<j' April the 
;i^ 1719 

Present the Hon"' the Charles Eilen Governor Capt. General and 
Admiral 

The Snrveyor (ieneral haveing made a returne to thi.s Board reporting 
that the Ijand in Controven'v Iwtween M' John Blount and M' Maurice 
Moore resurvevM by him by oriler of the (lovernor and Couneill C-on- 
tains three thoustuid feet alx>ve an acre and that there was an error in 
his first returne of that matter which he has now rec^tified and finds bv 
the courses in his s** first returne which is within the fence of the afors* 
Cleare ground there is some feet above an acre 

And M' James Wineright being sumoned upon this occ^ission laid l^fore 
the Board a plat of the afs** Land in Controversy between the s* Blount 
and Moore accx)rding to the Courses and distances Observed by the snr- 
veyor General pursuant to the first order of Council which (H)ntains threi* 
hundreii <^^ ninety feet alK)ve an acre 

Whereupon this I^)ard haveing Considered the same are of opinion 
that the s** Land Ix^longing to M' .lolin Blount was not Lapsid>lc and 
that the pattent grantcnl M' Maurice Moore was Clandestinely and serep- 
tiouslv obtainwl 

Its therefore ordered by this Board that the s** Pattent granted to the 
afs** Maurice M(K>re l)e declariHl Null and Void to all intent and purj>o- 
ses as if the stune had never been granted 

The Petition of Solomon Davis Aliw Bill(»t Sarah Wan! and Tamer 
C^rwHrh being the Children of Samuel Davis DecM wjis read and Alici* 
Billet being calhnl and she informeing the Board that Cap' Benjamin 
West has disp()S(»ssc<l her of part of the Estate left her by her s** Father 
without any maner of pretence that she knows of 

(^rderwl that the s* Benjaniau We.^t attend this Board at its next siting 
which will lx» at Matichacomack Creek the Thursday following the oj>en- 
ing of the next General Court 

A C<»rtifi«ite from M' John Palin Esch<»ator General was read setting 
forth that there was a Tract of» Land returned by him which did Escheat 
to the Lds prop'" lying in Nuseand M' Reix.Mv' General Assureing this 
Board that M' P^dmund (rale hath p** him the (\>mjH)sition money there- 
fore 



CH)L()NIAL RFXX)RnS. :V20 



Orderwl that a pattent for the s** Iian<l doe Issue to the s** Eihiuind Gale 

Adjourned til Saturday morning 

Satunlay morning Ten a Clock this Board met again 

The Governor haveing laid before this Board a T^etter from M' 
Edward Moseley directe<l to him dated Janry 29*** 1718 which being 
read the Board are of opinion that the same is a seditious and si-smdalous 
Libel containing sevend false and Villianous refle(?tionson the Governor 
and Councils proceedings 

Its therefore Ordered that the s** I^etter Ik» put into the Atturney Gen- 
erals hands to prosecute the s** Moseley thereupon 

This Board haveing beiui informeil that a wrong Construction is put 
u}ion a Clause in the act for raising the sum of Twenty foure Thousand 
pounds etc which proves a great hindrance to the receivers in their Col- 
lections of the annual Taxes (Viz') lie it enacted if any jxjrson shall 
neglect or refuse by the space of three years to pay the sum of Two 
shillings and Six i)en(Xi for every hundred of Acres as by this act is 
directed or if any Land held in this Goverment shall be consealixl by the 
sj>a(^e of three years and no accomj)t given to the Clerks as by this act is 
directed and if it shall hap})en that there wmnot l)e anything found on 
tlie s** Land where upon to I^evy the forfeitures the Justices of the pny 
cinct Court where such Land lies shall have full power and authority to 
sell so much of the s** Lands as shall siittisfy and pay the same 

Its there opinion that this Clause is binding til all the publick Bills 
are Sunke and destroyiKl and that at the expiration of the three years 
mentioned in the Clause (altho distress should have been once made) the 
Lands are still answerable for ensueing Taxe*^ only that in less than three 
years n^lccting or refusing U) pay their Taxes distress cannot Ix? made 
the s** act in another clause haveing made provissions of Ten shillings 
fine for every hundred acres of Land (^ncealed. 

The prwxjeding of the Court of Admiralty held at Williamsburg in 
Verginia March the 12'** 1718 being Transmitted from that Government 
and now laid l)efore this Board by the Governor to whome they were 
directed wherein there is several depositions taken against Tobias Knight 
Es(j' Sec'^ of this Province with an opinion of the s** Court that the s'' 
Tobias Knight is an accessary of Pirates and that the afores** Depossi- 
tions given in that Court so farr as they relate to the s"* Tobias Knight be 
sent into the Governor of North Carolina to the end he mav («use the s'' 
Tobias Knight to be apprehended and proc^eeded against pursuant to the 
directions of the Act of Parliament for the more eifectual suppressing 
piracy 

42 



^W COIX)NIAL RECORDS. 



Which being diiely considered of by this Board they are of opinion that 
M' Knight should before any proceedings be had \ye served with Coppys 
of all matters relating to him in the Charge from the Government of 
Verginia and that he attend this Boanl the next Sitting and bring with 
him all papers, Orders Depossitions or any thing else he may have by 
him relating to Theache and the Transactions of Cap* Ellis Brand Len 
Maynard and all others concerned in that business 

Ordered that a>pys of all the afors** proceeding of the Goverment of 
Verg* be sent to M' Knight and that time notice be given him of the 
Councils next sittting 

The Petition of Thomas Harding Provost Marshal of Bath County 
was read. 

Ordered that the s** Harding attend the next Council without fail 

Upon Petition of John Duckenfield Shewing that his Brother William 
Duckenfield pattented some years a goe a Tract of Land Containing 260 
Acres lying on the south side of Moratuck river being part of his Land 
called Warren neck which he has not seated as by I^iw he ought to doe 
prays a Lapse pattent may l>e grantcKl to him for the same. 

Ordered that the same l>e granted. 

Upon Petition of William Williamson setting forth that he purchased 
a Tract of Land of John Smith lying at the fflat swamp Containing 250 
Acres which has not been seated as the La we directs praying a Lapse jmt- 
tent may be granted him for the same. 

Ordered that y* Same be granteil 

The Petition of John Cotten was read Shewing that he purchased a 
Tract of Land of one Thomas Dyal lying at ahotsky containing 640 
acres which s** Ijand is I^apsable for want of due seating praying a Lapse 
patent for the same may be granted him 

Ordered that the same be granted. 

Upon Petition of Thomas Miller and William Willson setting forth 
that they Jointly lx)Ught of Cornelius Kilspatrick a Tract of Land 
which was LapsabFe when they made the purchase not being Seated as 
the proviso in the pattent directs prays that a Lapse pattent may he 
granted to them 

Ordered that the same be grante<l as prayd for 

Read the Petition of Aron Oliver shewing that William Hooker sold 
him a Tract of I^nd containing 500 Acres lying on Wit^acone Creek 
which he had not seated as the proviso in the pattent mentions praying 
a Ijapse pattent for the same 

Ordered that the same be granted 



COLONIAL RECORDS. 331 



Upon petition of John Holbrook Shewing that Tiawrence Tewister late 
of this province died Seized of a Tract of Ijand Containing one hundred 
acres adjoining to the I^ands of Cary Godley on the Went Shore of 
Chowan and that he hath made no will neither is there anv Heires of 
the said Tessiters to Ik? found praying a Writ of Escheat may Issue to 
enquire whether the s** Land doth not Escheat to the I^ords prop*" and a 
pattcnt may he granted to him for the same 

Onlennl that a writ of Escheat doe Issue as prayd for 



[From N. C. Letter Book op S. P. O.] 



MR. TAYLOR TO THE SECRETARY.— (Extuact.) 

Perquimons Precinct 

Xpril 23"* 1719. 
Hon'* Sir 

During my officiating on the South West Shore of Chowan, I preached 
every Lords day throughout this year, and I would have administered 
the Lords Sup|)er several times this year, If I could but have had the 
small numl)er of Communicants, which our Chun*h requires. But I could 
not truly get this small Number, and therefore I must confess I did not 
administer it at once, nor do I know when I sliall here — The people are 
so little inclined to receive it which is one thing makes me very weary 
of living in this place. When I give notice of my intentions to admin- 
ister the Holy Communion on Easter Day, a Few Lords Days before, a 
considerable Person after the Public Worship of God was ended, said to 
me now Mr. Taylor is going to damn his Parishoners, I suppose he said 
this, l)ecause he thought, that they that would nx^ive were very unfit for 
it, and would Eat and Drink unworthily and so eat and Drink Damna- 
tiou to themselves, and I must confess it, the People here generally, and 
almost all of them are very ignorant, and very irreligious ; and very 
worldly wicked, and do very little desire to Ix* better informed, or 
reformed which is another thing, that makes me weary of living here; 
yet I hope I may say, I did some good too, this year that officiated in ^ * 
the South West Shore of Chowan, that I promoted knowledge of the 
l)est things, and Religion in some there; and persuaded them to l)e less 
worldly and Wicked than they were before. 

In this year F caused a pretty many of the children to Iwirn our cati^ ^ 
chism, and (^itechisM them, in public, in this year I Baptized one Adult 



332 COLONIAL RECORDS. 






White Young Woman, and Thirty White Children, and one Adult Negro 
Young Woman, and one Mustee Young Woman and three Musteo 
Young Children, in all 36. I hope I took a method with the N^ro 
Young Man, and with the Mustee Young Woman, whom I baptized, 
which w^ill please the Soc^iety, which was this, I made them get our 
Church Catechism [>erfectly without Book, and then I took some 
pains with them to make them understand it, and especially the Baj)- 
tismal Covenant, and to persuade them, faithfully and constantly to 
perform the great things they were to promise at their Baptism, and 
ever after to perform to God : and then I claused tliem to say the cate- 
chise, one Lords Day, an<l the other another I^)rd's Day before a large 
congrc^tion, without Book which they did both distinctly, and so \yer~ 
fiH'tly, that all that hwinl them admired their saying it so well, and with 
great satisfaction to myself, I baptize<l these two persons.. These two 
persons were Esquire Duckenfield's Slaves, (The Gentleman with whom 
I lived most of this vear) & whose* house was our chunJi all this vc»ar. 
This gentleman had several other Slaves, who were as sensible and civil, 
and as much inclined to Christianity and things that are gocxl : as ever I 
knew any slaves, any slaves in any placK*, wheix* ever I have Ixicn, and 
indeed, so are the slaves generally in this Province, and many of the 
slaves of this cnjuntry I am persuaded would l)e converted. Baptized and 
saved, if their Masters were not so wicke<l as they are, and did not oppose 
their Conversion, Baptism, and Salvation, so much as they do, I had 
for some time great hopes of being the Minister that should convert 
and Baptize the rest of the Esq' Duckenfield Slaves, which I wa*^ 
very desirous and ambitious to be, and I w-ould have begrudged no 
pains, but would most freely and with the greatest pleasure have 
done all I could to promote and a(^*omplish this so great, and so 
good a work. And in order theix'unto T was prt»paring 4 more of 
them for Baptism, and had taught one of th<Kse 4 their Catwhism 
very perfecrtly, and the other 3 a gcHxl part of it, and now as I 
wa« about this good work, the enemies to the (conversion and bajv- 
tism of slaves, industriously and very busily buzzed into the Peoples 
Ears, that all slaves that were baptized were to be set free, and this silly 
Buckbcar so greatly scaivd Esju' Duckenfield that he told me ]>lainly I 
Ashould Baptize no niorci of his slaves 'till the S<H'iety had got a I^w 
made in England that no BaptizcNl Slave, should be s(»t free l)eciuise he is 
Baptized and send it here, and many more are of the same mind, and so 
this gcMxl work was kn<H*k(\l in the head which is a great trouble to m(», 
Ikh^usc so many slaveys are so verv desirous to become Christians without 



COLONIAL RECORDS. 333 



any expectation of being act free when they are Baptized — I fear this good 
work will not be revived and prosper here till such a Law is enacted by 
the Parliament of Great Britain and this people are ac^quainted with it, 
for I perceive nothing else will satisfy thein ; This and some other nibs 
I met with, and the great need of a Church of England Minister, whicJi 
the interest of the Chun'h of England stood in here, where there are many 
Quakei-s, who make it their basiness to gain as many of our Friends over 
to them as they (an ; whert»in they have l)een too su(K«ssful and leavened 
8ome of our people with their PrincipK^ and practices too much and 
osjKKnally with anti-Baptism, and many of their children and of themselves 
t(M) are unlmptizcHl, and use<l commonly to go to the QuakciN M(»eting l)e- 
crauso there was no PuWic Placv of Worship for them to go to. These tilings 
wen^ the chief Ri'asous of my leaving the South Wt^st-Shore of Qiowan 
and (tuning here whei-e I hojK? 1 shall increase* the Interest of the Cliurch 
of England and cause the Inteix»st of the Quakci's to decnusi* and then I 
|)ersuade myself that the most cxcc^Hcnt So<*iety will not 1k' oflcndetl at 
my ix»moving hen* 



[From the Spotswood LETTEits. Vol. II. p. 316.] 



May ye 26th, 1719. 
To Seeretary Ot'ftggs: 

Sir: 

By his Maj'ty's Ship, the Dnd-Castle, w'ch arrived here ye — Ins't, 
I had the honV of YoVs of ye 24th of Dec'r, w'tli the King's Declara- 
tion of War against Sjmin, and the Commission and ))r(x;lamation uien- 
tionetl in Yo'r Jjctter, and in answering thereto, can only Ik^ h^ave to 
assure you y't his Maj'ty\s Commands shall be punctually ()l)eyt»d. 

The intimation you are pleased to give me that ye rumors of exacting 
great Sums on the Surrender of Pynites is not meant to me, is extreamly 
obliging, a^ it servers to make me (»asy, who. have hml too much cause 
given mc of late to lx» otherwise* through tin* Misrej)res(»ntations of my 
Enemys, tho' in this particular I might defy Malice it Self to fault my 
Condu(?t, having never received the value of one [kmuiv from any of the 
Py rates that have eitluT Surix»udereil or Ixhmi panloned here; And tho' 
there havelK^tni 14 or li') who Surivudered, and had (Certificates under the 
Soal of the Colony, for w\'h the Clerk was allowed to demand five Shil- 
lings a piwc, yet 1 am well assurtnl that no uioiv than five paid auy thing 



334 COLONIAL RECORDS. 



at all ; And of Seven that have rec'd tlieir pardons, only one has paid the 
Attorney-Gen'l the common fee he receives for making out the like par- 
dons even for a Condemned N^ro, and he, too, was a person of a very 
notorious Character for his Piracys, and had his Money restored to him 
after he had \yeeu Condemned, l)ecause there was no proof of ite being 
piratically taken, but if these* conmion fees to ye Officers are intended by 
his Maj'ty to Ik» likewise Remitted uj)on the least Intimation, I shall 
direct thosc^ Officers to dem'd no more. 

Having in my last taken Notict* i>f some Goods in the iK)ssession of 
Thach and his Crew of Pyrate's in North Carolina, w'ch were bnnight 
hither by Capt. Brand, of his Maj'ty's Ship, the Lyme, and the other Offi- 
c(M*s of the Sl(H)ps sent for Suppressing that Gang of ViHains, I think it 
iKH-essarj' now to informe you that these G<hk1s, Imng proveil to be pirat- 
ically taken by this Thach in a if mich Ship lx>und home from Martinico, 
have, by a Dwrw of the Court of Vice Admiraltv of this Cohniv, been 
(*on(lenmed as such, and l)eing j>erishablc, have Ixvn sold at publick Auc- 
tion the pHxhuv whereof in yc same Sj)ecies for w'ch it was sold, amounts 

to 447 ounei^s penny weight of Spanish Gold, wVh is of Virg'a 

Currency, £2,238 ; and is ready to Ix* paid, after the nec^Hsarj' Charges 
of Trans|K)rtatiou from Can)liua, and of the Storag(» and Sale, are de- 
ducted, to the Ownei's, if they claim the same, or to whomsoever his 
Maj'ty shall a|)|K)int. But, it's fit also to Repres(»utto you that notwith- 
standing the Goverum't of No. Carolina admittwl Thacli and his Crew to 
make Oath that this ftrench Ship and Cargo, which he brought in thither, 
was found by him as a Wreck at Sea, without Men or Pajxirs, tho' the 
same Government suifered thes<» Effwts to continue for some months in 
the possession of tlu^sc Pyrats, and tho', after Thach was killed and his 
whole Crew subdued, the Eftetrts, w'ch had be(»n I^anded by Thach, were, 
by Order of the Governor of No. (.'arolina, voluntarily delivered up to 
Capt. Brand, Yet a pretension has lx»eu set up by that Government to 
have the whole of thes<' Effects <lelivered up to them, as of right l)elong- 
ing to the Lords Proprietors, Ix^ing onw upon their Soil. At first they 
only (ilainuMl them a< Wreck, but wheu it plainly apjx^arwl that they were 
not Wn»ek, but piniti(^dly taken, then the Gov'r clainuHl a Right of hav- 
ing those G(Mxls Trycd and ('ondcmned within that Province, and after 
the Court of Yice Admiralty was pnM-eeding legally on the Condemna- 
tion thereof, a Plea was put into the Jurisdiction of that Court, and it 
was iasisted that these Gcxxls ought to Ix* returned back to No. Carolina 
to Ix? Try'd and adjudged thcR*. And when that Plea was over mlwl. 
Captain Brand is then thrratcntnl to Ik» prosecutwl in Englanil for a Tres- 



COLONIAL RECORDS. ;m 



pass on the Ix)ixls Pro])riet<)i's Lands. And, w'cli is yet more snrprizing, 
there are some in v't Government v't endejivour to justify Thach and his 
Crew as very honest men, and to condemn the Officers and Men lielong- 
ing to the King's Ships as Murderers for attacking and sulxhiing them, 
When it is notorious that after they surrendered in y't Pmvinc*^^', and reo'd 
the beuCTt of his Maj'ty's Merely, they went out again on the same pirat- 
ical design, not without tlie privity of some in princijKd Stations in that 
Gov't; took this very Ship after the dat<' of his Maj'ty's second panlon, 
and committed other Acts of piracy, even within that province, and at 
last fought against the King's colours, and won hi not surrender when 
they were told they should be ti'eated as Friends. Seeing, therefoR', 
Capt. Brand is like to l)e troul)le<l in England for the gn^iter part of 
these Effects w'ch were lianded in Carolina, I have caused the whole 
pnxlnce to Ix^ remitted into England, that in case he should 1x3 ixm- 
demn'd to pay ye /ame to the I^ords pi'oprietors, it may be ivady for 
that pur}K)se. But I am confident, when his Maj'ty is truly infornu»d 
how little ground there is for such a prosecution agjiinst a Gent, who 
has done nothing but his Duty, Ix^ing nmi liither for the very intent 
of destroying pirats. His Maj'ty will be pleased to gnmt him his pro- 
tecticm. And tho' I am Crwliblv inform'<l that Affidavits art* taken 
in No. Carolina to contradict what has been plainly prove<l hei'e uixm 
the Tryal of the pirat**, and to prove that Capt. Bnind t(M>k away these 
piratical Effects by for(!e, I hope the Lords j)r(>prietors themselves w'll 
give little Credit to such Clandestine Testimonials when they shall know 
how dark apart some of their Officers have acted, particularly one who 
enjoyed the post of Secretary Chief Justice, one of their Lord'p's Depu- 
tys and Collector of the Customs held a private Correspondence w'th 
Thach, concealed a Robbery he committed in that province, and received 
and concealed a considerable part of the Cargo of this very ffrench Ship 
w'ch he knew Thach had no Right to give or he to receive, admitting ye 
same had been Wrecked Goods as was pretended. But it would l)e too 
tedious to relate how many favourers of Pirats there are in these parts, 
and even in this Colony had they power ecjual to their Inclination. 
People are easily led to favour these Pests of Mankind when they have 
hopes of Sharing in their ill-gotten Wealth. I have had the Experience 
how little some are able to bear being abridged of their profite, from 
what vile means soever it comes, having raised up a very industrious 
and implacable Enemy by reprimanding a prime Lawyer here for prose- 
cuting an unjust Action in l)ehalf of a notorious pirat who was condemn'd 
and owed his Life only to the seasonable Arrival of his Maj'ty 's sec^ond 



836 COLONIAL RECORDS. 



gracious ])aixlon. I will not hear trouble you w'th anything relating to 
the Accusation of the Burg's against my Self since I have also sent Copys 
of the Addresses of 21 Countys out of the 25 in this Colony, as also of 
the Clergy and Grand Jury disavowing all that proceeding of thiiir pre- 
tended Representatives. As that of the Grand Jury is to his Maj'ty, I 
have transmitted it to my Ijord Orkney, not doubting his Ijo'p wMl use 
your Advice and assist in the presenting it, And I hojxi these publick 
Testimonys of my Administration will serve to Balla. the rash Accusa- 
tion of a small i>art of the Burg's's, and preserve me a place in y'r good 
opinion and protection, w'ch I shall ever acknowk»dge w'th the Grati- 
tude y't l)econics me, l)eing with the greatest resjxx.'t, 

»^ y'rs, &c. 



[From the Spotswood Letters. Vol. II. p. 323.] 



Mayy'26**» 1719 
To the Lords of Ti*ade : 

My Ix)rds: 

******** 

Having by my former Ix^tter adviseil Your Lord^ps that Sundry Effects, 
piratically taken by one Thatch and his Crew, were siezed and brought 
hither from No. Carolina, I am now to Inform Yo'r Lord'ps that the 
same has been condemned by the Courts of Vice Admiralty, And, cx)n- 
sisting of Sugar, C(xx)a and other perishable Commoditys, have been sold 
at publick Auction, And because there is like to be some Controvei*sy 
al)out the Property of those Goods, I have caused an Acco't to be taken 
of ye produce in the same Species as the Goods were sold for, which 
amount to four hundred and forty seven (Ounces — })enny weight of 
Spanish, French and Portugal Gold, and at £b 1^ Ounce is, in the Cur- 
rency of this Country, £2,238 — out of w^ch is to be deducted the Charges 
of recovering ye s'd Effects out of the hands of tlie Pyrats, the Trans- 
portation from Carolina, the Storage and Exj>ence of the Sale. As to 
the Right of these Effe(rts, it appearing that the same were taken Pirati- 
cally by Thach in a French Ship w'ch he met to the Eastwaixl of Ber- 
muda on the 22nd of August last, and bro't in w^th him to No. Carolina 
where he burnt ye Ship, If the Owners make out their pro|>erty, the pro- 
du(xj must be paid to them according to his Maj'ty's Treatys allowing a 
usual Salvage io those who rescnied them from ye Pyrats. If no Claimer 
appears ami that the same comes to the King, no doubt his Majesty w'll 



COLONIAL RECOKDS. :W7 



think fit to rew'd the Officers of his Ships and others Concerned in so 
considerable a Servic^e as the destroying that Crew of Pi rats. But there 
is an unex}>ected pretension set up for these Pyratical Eifects by the 
Gov't of No. Carolina a*< being taken within the Seas of the Soil of the 
Lords Proprietors, by Capt. Bnind, of his MaJ'ty's Ship, the Lyme, and 
the Officers of the Sloop sent against Thach. What tittle that Gov't has 
to Support the Claim, they have not thought fit to discx)ver, but when the 
GoikIs were under the Tryal of the Court of Vice Admiraltv here, a Plea 
to the Juris<liction of y't Court was put in by that Govermnent's Attor- 
ney here, and after that was overrulwl, and the (nK)ds appointed to be 
sold, and the Money Ixxlgeil in my hands pursuant to the King's Instruc- 
tions, Capt. Brand is then Threatened to l)e sued in England for a Tres- 
pass on the Lords Proprietors' I^nds and made accountable for all he 
had taken there out of the possession of the Pirats. This has obliged 
me to Cause the j)roduce of these Effects to be I'emitted to England ; that 
if Capt. Brand should be troubleil there, and the money recovered by the 
Proi)rietors of Carolina, he may have it there U) j)ay rather than suffer 
in his private Estate* till he could have the money remitted from hence; 
And this I could not, in Justice, deny to a (ient. who liad show'd a par- 
ticular Zeal and Diligence in Exterpating that Xest of Pirats, but, at the 
same time, if no such recovery shall be had by the Proprietors of Caro- 
lina, the money will be sei^ured acx^ording to his Maj'ty's Instructions, 
and w'll always be ready to l)e. Answered to whomsoever it belongs. 

It is surprizing that the Government of No. Carolina should now 
Claim the property in these Piratical Effects, when it fully appeared that 
they submitted Thach and his Crew to make Oath that the Ship and 
Goods were found by him as a Wreck at Sea ; that thev suffered the said 
Goods to remain in the possession of that piratical Crew for divers 
months, untill Thach was destroyed. And then the Goods were delivered 
to Capt. Brand, (out of the Store-houses where Thatch had Ivodged 
them,) by the Gov'r of No. Carolina's Orders, but this Conduct of theii-s 
w'll be easily unriddled when it appears that some in Chief Stations there 
have had too much Correspondence w'th those Pirates, particularly one 
who held the office of Secretary Chief Justice, one of the Council, and 
Collector of the Customs, appejirs to have l)een privy to one Piracy of 
Thach 's committed in that very Province, and can hardly be supposed 
ignorant of the Piratical taking of the French Ship, when he received 
and Concealed a considerable part of her Cargo ; and if he did believe 
her to l>e a Wreck, as Thac^h pretended, he must know that Thach had 
no Right to give, nor he to receive other Men's Goods, w'ch ought to 
43 



338 COLONIAL RECX)RDS. 



have been secured as the Law directs. Since the Sale of these Goods, 
Mr. Grymes, the Dep'y Auditor, has Claimed a Right to Audit the 
Accosts and to have 5 ^ C't. for his Trouble. I told him he might, 
when he pleases, have the inspection of the Accompts, y*t nothing might 
be Charged therein but what was fit and usual, but that the property was 
not yet determined, it would l)e but ill Management if the Owners had 
the money, to allow him a Salary for examining the Accosts of their 
proper Estates, and if the Proprietors of Carolina should recover it, I 
doubted whether they would allow him that profBt, but if it came to the 
King, his Maj'ty might give him what he thought fit for his trouble; but 
being uncertain of receiving any profite, he has troubled himself no 
farther. Having now laid before Yo'r Lo^ps all that I judge of Conse- 
quence in the publick Transactions of the Gov'rnm't, I have only to add 
that the Colony continues in Peace on its Frontiers and flourishing in 
its Trade, and except among a few MaleCon tents, impatient to see the 
Effect of Disturbances they have been fomenting, I believe none of his 
Maje8ty^s Dominions enjoy a more [xjrfect Tranquility. 

My Lords, &c. 



[B. P. R. O. B. T. Virginia. Vol. 15. p. 216.— Extract.] 



LIEUT: GOV: SPOTSWOOD TO LORDS OF TRADE. 

Virginia May 26"^ 1719. 
My Lords. 

Having by my former Letters advised your liordships that sundry 
Effects Piratically taken by one Thack and his were seized and brought 
hither from North Carolina I am now to inform your Lordships that the 
same have been condemne<l by the Court of Adminilty and consisting of 
sugar Cocoa and other perishable Commodityes have been sold at Pub- 
lick Auction : and because there are like to l)e some cuntroversv about 
the Property of those Goods, I have caused an acc^ount to be taken of 
the produce in the Same Species as the GikhIs were sold for, which 
amounts to Four hundred forty nine ounces 1 1 jKjnny weight of Spanish 
French & Portugal Grold and at £5 '^ Ounce in the currency of this 
Country £2247 19 4 out of which is to be de<lucted the Charges of recov- 
ering the said Effects out of the hands of the Py rates, the transportation 



COTiONIAL RECORDS. 339 



from Carolina the .storage and expense of the Sale. As to the right to this 
Effects it appearing that the same were taken piratically by Thach in a 
french ship which he niett with to the Eastward of Bermuda on the 22"* 
of August last, and brought in with him to North Carolina, where he 
burnt the ship, if the Owners make out their Property, the produce must 
be paid to them according to his Majesties Treatys allowing the usual 
salvage to those who rescued them from the Pirates. If no Claims 
appears and that the same comes to the King, no doubt his Majesty will 
think fitt to reward the Officers of his ships and others concerned in so 
ccmsiderable a service as the destroying that Crew of Pirates But there is 
an unexpectcil pretention set up for these Piraticall Effects by the Gov- 
ernment of North Carolina as being taken within the Seas and off the 
soil of tlie I^rds Proprietors by Captain Brand of his Majesties ship 
the Lyme and the Officers of the sl<K)p sent against Thach ; what Title 
that Goverment hath to support this claim they have not thought fitt to 
discover, but when the GoikIs were under the Trvall of the Court of Vi<« 
Admiralty here a plea to the Jurisdiction of that Court was put in by 
that Governments Attorney here and after that was overruled and the 
Goods ap[)ointed to be sold and the money loilged in my hands pursuant 
to the Kings Instructions. Captain Brand is then threatened to be sued 
in England for a Trespass on the Lords Proprietors lands and made 
accountable for all he had taken there out of the possession of the 
Pyrates. This has obliged me to (iause the proiluce of these Effects to be 
remitted to England, that if Captain Bmiid should l)e troubled thei'e and 
the money recovered by the Proprietors of Carolina he may have it there 
to jmy rather than suffer in his private Estate till he could have the money 
remitted from hence: and this I could not in justiaMleny to a gentleman 
who has showed a particular zeal & diligenw in extirpating that nest of 
Pirates but at the same time if no such I'ec^very shall be had by the Pro- 
prietors of Carolina the money will Ixi secrured jiax)ixling to his Majesties 
Instructions an<l will always lie ready to Ih» answeriHl to whomsoever it 
l)elongs 

It is surprizing that the (iovernment of North C.'arolina should now 
claim the Property in these Piratical Effects when it hath fully api)eared 
that they admittc<l Thacke and his Crew to make Oath that the ship and 
Goods were found bv him at a Wreck at Sea, that thev suffennl the said 
GimkIs to remain in the possession of the Piratical Crew for divers months 
initill Thacke was destroye<l and then the G(kk1s were deliverwl to Caj)- 
tain Brand (out of the stoit?hous(» where Thack had lodged them) by the 
Governor of North Carolina's ordei*s but this conduct of theirs will lx» 



340 COLONIAL RECORDS. 



easily unriddled when it apixiiirs that some in Chief Stations have had to 
much Corre8ponden(« with those Pyrates, particularly one who held the 
offices of Secretary Chief Justice one of the Councill and Collector of the 
Customes appears to have l>een privy to one Piracy of Thache's commit- 
ted in that very Province & can hardly be supposed ignorant of the 
Piratical taking of the French ship when he received and c»oncealed a 
considerable part of her Cargo and if he did lx?lcive her to be a Wreck 
as Thach pretended he must know that Thack had no right to give nor 
he to receive other mens GcxkIs wliich ought to have Ix.»en secureil as the 
law directs. 

Since the sale of thest* (icHKls iP Grynics the Deputy Auditor has 
claimed a Jiight to audit the Ac<»ounts and to have 5 *^ cent for his 
trouble I told him he might when he plciiscnl have the InsjHM^ticm of the 
Acccmip** to see that no thing was chai'ged then»in but what was fit and 
usual, but as the Property was not yet determined it would lx» but ill 
management if the Owneis had the money to allow him a Salary for 
examining the ac<'ompts oi* their proper Estate and if the Pmprietors of 
Can)lina should rtvover it I <loubt<»d whether tliev w(Kild allow him that 
Profit but if it cinne to the King his Majesty might give him what he 
thought fitt for his trouble but beiug unc(»i*taiii of iXH*eiving any j)rofit he 
has troubled himself no furthcT. 

Having now laid l)efore your I^)nlshij)s all that I judge of consequemv 
in the publick Transactions of the Government I have only to add that 
the Colony (x^ntinues in Peace on its Frontiers, and flourishing in \t< 
Trade and except among a few Malwontents impatient to see the Effect 
of Disturl)anc(»s they have 1kh:mi fomenting I l)elieve none of his Majes- 
tyes Domini<ms enjoys a more [x»rfect Tranquility 

I am with all duty and respetrt 
My Ixuxls 

Your Ix)rdships 
most olnxlient 
Humble servant 

A. SPOTS WOOD. 
(En(l<n's(Hl) 
K(M-^ July O'** 17H) 
Read June 1;V»^ 1720. 



1 



COLONIAL RECORDS. 



[CoDNCii. Journal.] 

North CARor.rNA sh 

At a Coiimril held at the House of ffml Jon*^ Ewj' Miiy 27* 1719 
PifMciit the Honhie Charles Etieii Ks<i' Governor Cap' Gent-rai * 
Admiral 

Tlionias P..llo<- 

Williani KcmI 

ffra ffiister > Esq' Ij<Is jtrop"" Deputy) 

tfre<l Jones 

Rldi^ Samlei> 

In pursuant of an ortler of Council <latc<l April tlic 4 171tl Toliias 
Kiii;rlit Ks<j' Se*-" of this provimv anil a ineinlier nf tlw; Council attcndol 
this Bonn) to uiako auNWftr to the Nevoral DejxisHitions anil other Evi- 
(]«n<^es uieiitiotie<l in the afoiV* onler which s' Depossitions and Evidences 
were read in the followiug wonis Copy of several Dejtossitions and 
other Evi<lences given before tJie CVturt of Admiralty Constituted by 
Commission under the Great Seal for hearing and determining Piracy for 
the Colony of Verginia the 12"' day of March 1718 for the tryal of 
James Blake, Alias Jemmy and other pirates late of the Crew of Edward 
Thaehe late master of the sloop Adventure Comand by Edward 

Thache l>eing sworn and Examiiie<l Deposed that he wa« on Board the 
s* Sloop Adventure at the takeing of Two tfrench Ships in the month of 
August last past and that all the })risoners at the Barr were on BoanI 
the Said Sloop and bore armes under Thache at the time of the s* Piracy 
That Thache plundered one of the ships of some Cocoa and the other 
brought in with him to North Carolina havcing first put her Crew on 
Board the ship first mentiuncd that soone after Thadie's arrival at Oca- 
cock Inlet he went in a {>eriungor with foure of the prisoners by name 
Rich* Stiles Jamex Blake James White and Thomas Gate?* to M' Tobias 
Knight Het*' of North Carolina carrying with him a prciM^nt of Chocolate 
Ijoaf Sugar and Sweet meats Iwiiig [mrt ()f what was taken on Boanl the 
tfrench ships al>ove mentioned and that u))oii Thache." return from M' 
Knight the DejKtnant Sawe divers goixls bi-ought in thepariangor whi<'li 
Thache s'' he bought in the (Jontitry but the Depouant atlerwanls hear- 
ing that one William Bell had been robbed and understanding as well 
by oonmion R'jxnt as by disi'otirse with -'' Bell what kind of (iocxls he 
had been robbed of the Deptmant knew them to Ite the same which 
Tha<'he had hrought on board his shwp but durst not discover to the s' 
Bell who had n>bbed him 



342 COLONIAL RECORDS. 



The four prisoners l)eing asked whether they knew of the roblxiry of 
Bells Periangor acknowlegeth that the Same time in September they 
went from Ocacxxjk in a [)eriaiige with Edward Thaehe to the house of 
Tobias Knight Sec*^ of North Carolina and carried in the said periangor 
three or foure Caggs of Swwt meets Some Loaf Sugar a l)agg of Choco- 
late and Some lx)xes the ConUjiits of whieh they did not know that they 
got to the s^ Knight house alK)ut Twelve or one a Clock in the Night 
aud carried up the caggs and l)oxes afs'* which were all left there except 
one cagg of Sweet meets which was tarried ba(*k in the periangor that 
the s** Knight was then at home and the s** Thaehe staid with him til 
about an hour Ix^fore the break of day and then departed that about three 
miles from the s** Knights house at a place called Chesters landing they 
saw a periangor lying near the shore upon which Thaehe ordered them 
to rowe up towards her saying he would goe a shore to Chesters house 
but when he (ame up with the said periangor (in which were a white 
man a Ixyy and an Lidiaii) Thaehe asked them for a dram and immedi- 
ately Jumped into the periangor and after stmie dispute plundered her 
carying away with him some money one cask of pipes a Cask of rum or 
Brandy Some Linen and other things and then the s** Thaehe Comanded 
the s** prisoners to rowe away for Ocaccxik Inlet instead of going a shore 
at Chesters as he at first gave out he intended. 

William Bell of the precinct of Corratuck l>eing sworne and Exam- 
ined deposeth that being on Boanl his [wriangor at the landing of John 
Chester in Pamticough river in North Carolina in the night of the 14*** 
of September last a large periagor passed by standing up the river that 
a litle before break of day the same periagor returned and rowed on 
Board the deponant That a whiteman that he sinc^ understands was 
Edward Thaehe entered the deponants periangor and asked him if he 
had anything to drink to which the depon* answercnl it was so dark he 
cx)uld not well see to drawe any whereupon the s** Thaehe called for sword 
which was handed him from his owne periagor and Commanded the 
deponant to put his hands behind him in order to be tyed Swearing Dam- 
nation seize him he would kill the deponant if he did not tell him truly 
where the money was. That the deponant asked him who he was and 
whence* he came to which the s^ Thaehe replied he came froiu Hell and 
he would carry him presently That the Deponant laid hold of the s** 
Thaehe and struggled with him upon which he called to his men to cxmie 
on Board to his assistance and they came and laid hold on the deponant 
his son and an Indian he had with him then the s** ThacluMlemandcHl his 
pistols and the dc»|M>nant tcHing him they were IcK'ked up in his cJiest he 



COLONIAL RECORDS. US 



was goeing to break it open but the (le[>onant intreat<Kl him not to doe 
see for he would open it but tho he permitted the deponant to unlock 
the Che«t he would not suffer him to put his hands therein but took the 
pistols out himself that the s* Thaehe having got the deponants perian- 
gor out into the midle of the river rifled her took away £66 10" in Cash 
one peice of Crai)e Containing 58 yards a lx>x of pipes half a l)arrel of 
Brandy and Several other goods the perti<»ulars are mentioned in an 
account the deponant now delivereil into court that perticularly the depo- 
nant was roblxxl of a silver cup of remarkeable ffashion being made to 
screw in the midle the upi>er part resembling a Chalice the Lower a 
Tumbler which cup the deponant is imformed has been found on Board 
Thaches Sloop that when the s* Thachc and his Crew had taken what 
they thought fit from the deponant they tossed his sail and oares over- 
board and so rowed downe the river That the s** Thaehe in Beating the 
deponant broke his sword about a Quarter of a yard from the point 
which broken peice of the sword the dej^onant found in the periangor 
and now produces in Court and the deponant Verily beleave Thaehe had 
inteligence of his haveing money otherwise he woud have passed by in 
returneing from as he did in goeing to M' Knight without (loncerneing 
himself with the periangor and the dejx)nant further sjiith that within 
T^o hours after he had l)een thus robl)ed he went to complaine' to the 
Governor of North Carolina who sent him to M' Knight then Chief 
Justice upon which the s** Knight gave him the Warrant or hue & Cry 
which he now proihu?t\^ in Court and that notwithstanding the deiK)nant 
did particularly discribe the periangor and the men by whome he was 
thus robbed and did repeat as near as he could the Language the white- 
man used to the deponant and declared that the other foure were Negroes 
or White men disguised as such and that the s** i)eriangor had passed by 
the same night toward his house or Bath Tow lie yet the s** Knight did not 
discover to the deponant that any such periangor had lx*en at his house 
or that he knew of Thaches being in the Country 

Then was produced a TiCtter from the afornamed Tobias Knight 
direc;ted to Cap* E<hvard Thaehe on Board his sk>op adventure which 
letter was proved to have l>een found among Thaches papers After his 
deiith and l>y comparrison of the hand with other papers ajMjai's to be the 
writeing of the s** Tol)ias Knight which s** Letter was read and is its fol- 
lowers 

Nov' 17'»^ 1718 
My ffriend 

If this finds vou vet in harbour I would have vou make the best of 
your way up as soon as possible your affairs will let you I have some- 




344 CX^LONIAL REC(JRDS. 



thing more to say to you than at present 1 «in write the bearer will tell 
you the end of our Indian Warr and Ganet tan tell you in jmrt what I 
have to say to vou .so referr vou in some measure to him 

I really think these three men are heartilv sorry at their difterence 
with you and will be very willing to ask your i)ai*don if I may advise 
l)e ffriends again, its l>etter than falling out among your selves 

I expeet the Governor this night or tomorrow who I l)elieve would be 
likewise glad to see you Iwfore you goe, I have not time to a<ld save my 
hearty resjx'cts to you and am your real ttreind 

And Servant 

T. kni(;ht 

After {^a|»tjiin Ellis Hrand Commander of his Majesty ship the Lune 
decJartnl that having reed Information of Twenty Barrels of sugar and 
Two l>aggs of ('otten hnlgtMl by Edward Thaehe at the house of Tobias 
Knight he asked the s** Knight for those goinls they Innng [mrt of the 
Cargoe piratiealy taken in the fl'reneh Shij) and that the s** Knight with 
many asserverations possitively denyt^l that any such gtHnls were about 
his j)lantation but yet the next day when he the s** Cap* Brand nrged the 
matter home to him and told him of the proofs he eould bring as well 
by the pei'sons eoncrerned in Landing the s*^ gotnls as by a Mem***" in 
Thaehes [)oeket Book he the s** Knight owiieil the whole matter and the 
piratical (^kkIs afs* were found in his Barn covered ov(»r with fodder 

At a Court of Admiralty Continued and held at the Cajrital the 13*** 
day of March 1718 Whereas it has appeared to this Court M' Tobias 
Knight Sec*^ of North Carolina hath given Just Caus(; to suspect his 
being privy to the Piracys comitted by Edwaixl Thaehe and his Crew 
and hath recieved and Concealed the Effects by them piraticiilly taken 
whereby he is be(X)me an accessary 

Its therefore the opinion of this Court that a coppy of the Evideiuie 
given to this Court so farr as they relate to the s** Tobias Knight's Be- 
haviour be Transmited to the Governor of Xorth Carolina to the end he 
may c^use the said Tobias Knight to Ik* apprehended and proceeded 
against pursuant to the dire<*tions of the A<'t of Parliament for the more 
effe<*tual suppression of Piracy 

AimI then the s** Tobias Knight did remonstrate to thi.s Boanl in 
answer thereto as followeth 



{X)LC)NIAJ. RECORDS. 345 



North Carolina 

To the Hon*''' Charles Edeu Esq' Gov' and the rest of the meiiil)er of the 

Hon**'* the Council now sitting 

The Humble remonstrance of Tobias Knight Esq' Sec;retary of this 
province and a member of this Board in answer to the several Depossi- 
tions and other pretended Evidences taken against him at a Court of 
admiralty holden at the Capital of Verginia the 12"* day of March 1718 
First the s* Tobias Knight doth averr and doubt not to make it Evi- 
dently ap[)eare that he is not in any wise howsoever guilty of the least of 
those Crimes whi(;h are so Slyly malitiously and falsely suggested and 
insinuated against him by the s* pretendwl Evidence the which to make 
more apparent to your Honours the s** Tobias Knight doth pray your 
Honours first to Consider as to the Evidence themselves they being such 
as Contradict themselves or as ought not to be taken in any Court of 
Retard or else where against the s** Tobias Knight or any other white 
man for first Hesikia hands master of Cap* Thaches Sloop Adventure 
seems to sweare possitively in his Depossition that the s** Thache went 
from Ocaoo(Ji Inlet at his returne into this Country from his last voyage 
with a present to the s** Tobias Knights house when by the same depos- 
sition he acknowledgth that to be out of the reach of his knoknlge he 
Ixjing all the time at the s** Inlet which lyes at above thirty leagues dis- 
tance from his house and further the s** Tobias Knight doth pray your 
Honours to observe that the afors** Hesikiits hands was (as he has been 
well informeil) for some time l)ef<)re the giveing of the s** Evidence kept 
in prison under the Terroi's of Death a most severe prose(;ution and that 
there doth apparently apjx^re thro' out the whole Evidence morc of Art 
mallice and designe against the s** Tobias Knight then truth secondly as 
to the four next Evident prctended to Ik* given against the s** Tobias 
Knight under the name and pretext of foure of Cap* Thaclu*s men is 
utterly false and such as the s** Tobias Knight humbly conceives ought 
not to be taken against him for that they are(tho cuningly couched under 
the names of Christians) no other the four Xegro Slavics which by the 
Laws and customs of all Ameri(^i Aught not to he Examined as Evi- 
dence neither is their Evidence of any Validity against any White j)er- 
son whats4K*ver and further that the* s** Negroes at the time of their give- 
ing the pretended Evidence afs** (as the s** Tobists Knight is informed) 
was ujHjn Trval for their own lives for the supposed piracy by them 
Committcnl on Boanl the s** Thache and that what they did then sav was 
in hopcN of Obtaining mercy tho' they were then Condcmined and since 
Executed so that had thev Ken never so I^awfull Evidences the s* Tobias 
Knights debarred from his right and benifit of an Examination of them. 
44 



UC^ COLONIAL RECORDS. 



Thirdly a« to the Depossition of W™ Bell I shall only observe to your 
Honours that there is nothing in it can Effect the s* Tobias Knight save 
that it is therein cunningly Suggested that Edward Thache was at the s** 
Tobias Knight house that night in which he was robl)ed which the s** 
Tobias Knight has good reason to believe was rather an Artfull and 
nialitipus designe of those that drew the s** Depossitions for that had it 
been true it was Impossible to have been within the reach of his knowl- 
edge and besides the s** Bell upon his Examination the day after he was 
robbed had in Suspission one Smith Undey Fiteing Dick and others and 
hath since the date of that Depossition Viz* on or about y* 25 of April 
last past declared that he doth verily believe that the s* Thache never was 
at that time at the s** Tobias Knights house for the truth of which the S* 
Tobias Knight doth humbly refer to the Examination and Depossitions 
of M' Edmund Chamberlain 

Fourthly as to the pretendeil Evidence of Cap* Ellis Brand the s** 
Tobias Knight doth humbly conceive the same ought not to Effect him 
for had it been true it had and ought to have been upon Oath which is not 
tho^ the s* Tobias Knight doth in the most Solemn manner declare that 
the s* pretended Evidence is every word false and that the said Brand 
never did at any time speak one word or mention to the said Knight in 
any manner whatsoever touching or concerning the sugar mentioned in 
the said Evidenw Ixifore the s** Knight first mentioned them to him 
neither was the s** sugar ever denyed by the s* Tobias Knight to be in 
his Custody for the truth of which he humbly referrs to the Honble the 
Grovernor but further Saith that when the s** Tobias Knight was apprised 
that the s** Brand had been informed that the s"* Sugars had been coni- 
veingly put on shore for the s"* Knights use and that there might be found 
in his Custody Several other things of value belonging to the s* Thache 
and that the s** Brand did intend to send his people to search his the s** 
Knight house he did then speak himself to the s** Brand and did acquaint 
him truly how and for what rea^)n the s** sugars was there LiKlged Viz* 
at the request of the s** Thache (nily till a more Convenient store could 
be prcKHired by the Gov' for the whole with assnrani*e that the s** Tobias 
Knight never did p'tend any Claim or right to any part thereof and did 
also at the same time di^sire the s** Bnind if he had any other informa- 
tions against him he would l)e so civel as either to cx)me himself or send 
his Lieu* to his house and every hx^k in his house should be 0}>ent»il to 
him which he only replied that tho' he had some spightfull things insin- 
uated to him by Evil minded persons whose nami^s he need not mention 
intimating M' Maurice Moore Jerimiah Veal and others of that family 



COIX)NIAL RE(X)RD8. 347 



yet he had more Honour than to do any such thing for that ever Since 
his comcing into this Governient he had found nothing in the s* Tobias 
Knights but a great deal of readyness to assist him in the service of the 
Crowne very much becomeing a Gent and one in his post which Charac- 
ter he should give of him in Verginia in opposition to all the false and 
malitious storys there suggested against him or words to the same Effect 
ffifthlv as to the Letter that was said to be found of the s** Tobias 
Knights writeing on Board the s** Thache Sloop the 8* Knight doth 
beleive to be tnic for that he did write such a I^etter bv the Governors 
orders he having advised him by Tjctters that he had some earnest busi- 
ness with the s** Thache but he doth uterlv denv that there was any evil 
intent in the writeing the s** Ixjtter but that he did verily bdieve at the 
Same time that the said Thach was as ffree a Subject of our Lord the 
King as any person in this Goverment and the s"* Tobias Knight doth 
further sav in his owne Justification that when the s* Thache and his 
Crew first came into this Goverment and Surrendered themselves pur- 
suant to his Majcstys Proclamation of indemnity the said Tobias Knight 
then was and for a long time had been confined to his l)ed by si(»kness 
and that dureiiig his whole stay in this Government he never was able to 
goe off from his owne plantation nor did either the s* Thache or any of 
his crew frequent the s** Knights house unless when they had business at 
his Office as Secretary or Collector of the Kings Customs neither did the 
S* Tobias Knight or any of his family contract any acquaintance with the 
s** Thache or any of his crew nor did d(»al buy or Sell any with or of any 
of them dureing their whole stay Save only Two Negroe men which the 
s** Knight j)urchas(Kl from Two men who had left the s** Thache and had 
retv'd their pardons and since are gone Lawfully out of this Goverment 
and Stil Continue in their goixl Alegiance and the s"* Tobias Knight doth 
aver for Truth that from the time the s** Thache tooke his departure from 
this Goverment lK)und to St Thomas's he did never See the s^ Thache or 
any of his people until on or al)out the 24''* of S(»pteml)er last past when 
he came and reportcnl to the Governor that he had brought a wreck into 
this Goverment and perticularly that the s"* Thache was not to the s** 
Knight knowknlge nor to the knowledge of any of his family at or near 
his house on or alx)ut the 14''' day of September last j>ast as is most falsi»ly 
suggeste(^l in theafs** Evidem^ given against him in Verginia for the Truth 
whereof he refers himself to the Examination and I)ejK)ssition of M' Ed- 
mund Chamlx»rlaine afors* all which is most humbly Submit(»d by 

Your Honours Most Dutifull and 
Most olxnliant Servant 

T KNIGHT. 



:M8 colonial RECX)RD8. 



Then M' Edninnd Chaml)erlaine was Examined and his Depossitiou 
was read & sworne to l)efore this Board in the following wonls 

North Caroijna ss 

The Depossition of Edmund Chaml)erlaine Gent taken ujx)n his Exami^ 
nation before the Hon"' the Governor and Council at a Council Board 
holden in Chowan the 27*** day of May 1719 who being sworne on the 
Holy Evangilist saith 

That he this Deponant hath been for some considerable time past viz* 
ever sin(« the I^ter end of August last past to this time a liver at the 
house of Tobias Knight EtucC in Bath County and that perticularly on or 
about the 14*^ of Septeml)er last }>ast and for several days before and 
Since he never was absent from the s"* Tobias Knight house either by 
night or by day nor was there any passages or Occurances as this Depo- 
nant verily believes kept secret or unknowne to him and further saith 
that this De[)onant did never see Cap* Edward Thache nor any of his 
Crew neither was any of them to his knowledge at the s** Tobias Knights 
House either by night or by day until on or about the 24*^* day of the s** 
last September when as this Deponant is informed he came up to the Gk)v- 
ernor and report^^l to him that he had brought a wreck into this Gover- 
ment and this Depon* doth verily believe that if the said Tache or his 
Crew had come to the s** Tobias Knights at any time either by night or 
by day before that time and espeeialy on or about the 14*** of September 
the s* Deponant must and would liave seen them, because at the time 
there was an Alarme of the Heathen falling upon us and this Deponant 
was at that time and upon that aocompt very watchfull and apj)rehensive 
of every thing that stired about the s** house and the s* Tobias Knight 
was also at that time in so ill a state of health that this Deponant verily 
believes he could not possibly have gone out of his house to have had 
such communication with any j)erson as in the s** pretended Evidence is 
Suggested without manifest danger and hazard of his life neither doth 
this de}x>nant believe it was possible for the s"* Tobias Knight to have 
had such Communication with any person either within or without his s** 
house without his knowledge for that his lodging roome was so near to 
this deponant that he must have knowne thereof and this deponant 
further saith that he was at the s"* Tobias Knights House on the 14*** of 
Septeml)er when William Bell C4ime and complained that he was robbed 
and desired a Hue & Cry from the s** Tobias Knight and did hear the s** 
Tobias Knight Examine the s** Bell whether he would descrilx? the per- 
sous to him that roblxxl him to which the s** Bell replied he could not 
but said he did violently sus[)ect omi Thomas Undey and one Rich'* 



CX)LONIAL RECX)RD8. 349 



SnelHng commonly called Fitery Dick to I)e Two of them and the others 
to be negroes or white men dLsgnised like Negroes Some time afterwards 
he came again to the s"* Tobias Knights and had in suspission one Wil- 
liam Smith and others and the deponant further saith that he never did 
see or know of any presents of any kind to the s** Tobias Knight nor any 
of hLs family from the s** Thache nor any of his Crew sinc« his being at 
the s** Tobias Knights house save only one Gun of about forty shilling 
value and this Deponant further saith that sometime on or about the 25*** 
of April last he the deponant had discourse with W" Bell of Corratu(fk 
Merchant concerning his being robl)ed of some money and Goods in 
Pamlia)Ugh on or about the 14*** day of September last past by Cap* 
Edward Thache and amongst other things he this Deponant did aske the 
s** Bell whether he thought the s^ Thache was at the s** Tobias Knights 
house that night he was robbed or whether he thought he knew any thing 
of it To which the s** Bell replied that the s** Tobias Knight was a very 
Civil Gent and his wife a^verv Civil Gentlewoman and did not think or 
l)elieve that the s** Thache was there or that he knew any thing of the 

matter or words to that Effect 

EDMUND CHAMBERLAYNE 

And this Board haveing taken the whole into their Serious Considera- 
tion and it appearing to them that the foure Evidence's called by the 
nauies of James J^lake Rich** StiK^ James White and Thomas Gates were 
actually no other then foure negroe Slaves and since Executed as in the 
remonstiances is set forth and that the other Evidences so far as it relate 
to the s** Tobias Knight are false and malitious and that he hath behaved 
himself in that and all other affairs wherein he hath been intrusted as 
Ixecouies a good and faithful Officer and thereupon it is the o]>inion of 
this Board that he is not guilty and ought to l)e acquited of the s** Crimes 
and every of them laid to his charge as afors** 

Uj>on motion of Co" ffred Jones shewing that there is a violent pre- 
sumption that the will of Cap* Thomas Lee dec'd is destroyed or Con- 
ceale<l and haveing in his life time oflen declare that his Dependance, was 
only upon the s^ Co" Jones in case he should dye to take care of his 
Children and Affairs and that he had apointed him an Exe(»utor to his 
will i>raying that this Board would grant Citations directed to M" Mary 
liCe Widow M' William John Edwards or any others he may think 
ne(^ssary to have Examined tuching the the will of the s** Lee in order 
that the Children may not Ik? defrauded of their Just rights and this 
Boanl haveing Considered of the same doe order Citations to go out 
acc<3rding to the prayer of the s** ffred Jones and that the j>ersons con- 
cernwl attend the sitting of the next Board. 



350 COLONIAL RECORDS. 



[B. P. R. O. N. C. B. T. JouRNAiA Vol. 7. p. 130.] 



July Y'^l-* 1719 
Present 

M' Ashley for Lonl Carteret Palatiii 

M' Ashley 

Sir John Colleton 

M' Danson. 

M' Diiekingfield appeared and desirM to ho made Secretary of North 

Carolina M' Knight the Secretary being very ill 

Ordered that the said Duckingfield be minuted to be made Secretary 

when the Lortls shall l)e informed that M' Knight is dead, he giving 

security for the due execution of his offiw. 

[N. B. Here follow eighteen blank pages, and therefore no entry of 
pr(x»eedings at the Board of the Ijortls Proprietors of Carolina from 31 
July 1719 to the 21'* of Jan'^ 1724-5. W. N. S.] 



[B. P. R. O. Plant. Gen. B. T. Vol. IX. K. IGO.] 



A MEMORIAL RELATING UNTO THE PROVINCE OF 

CAROLANA AND THE ADJACENT PARTS BEI^)NG- 

ING TO THE ENGLISH HUMBLY PRE:SENT- 

ED TO THE IX)RDS COMMISS" FOR 

TRADE & PLANTATIONS 

[August 1719.] 

I Mieve there will \ye great difficulties in a Treaty Ix'tween us and the 
French about settling the bounderies of our English C()lloni(»s upon the 
Continent of North America and those of the French particularly the 
Province of Carolana of which they seem very fond having already 
made some settlements and are preparing to make more & greater But 
I aprchend I have found an Expedient l)eyond all just exwptions which 
I hope may prove satisfactory unto both parties The River Mis-chacelx* 
by them stiled Messi.sipy runs through the middle of this Province and 
the land on the west side rather larger then that on the (ust and it hath 
l)een very long generally l)eliev(Hl that the we^stern side aliounds most 



CX)IX)NIAL RECORDS. :^/)l 



with gold and silver bordering upon those belonging to Mexico in which 
are the richest mines belonging to the Spaniards in North America My 
Proposal is that we should abandon above half the Province totally and 
finally to the French which is on the west side of the great river and 
retain unto ourself all that on the east side all the rivers whereof proceed 
from our Collonies of Carolina, Virginia Maryland Pensylvania and 
New York And that all the Land on the east side of the river to the 
river of the Illinoneeks by them called the river of the Ilinois unto the 
head thereof & five or six leagues farther unto the Lake of the Illinois 
and thence South to the North Border of Carolana may be adjudged to 
belong unto the English it being purehasM of the Indians and much 
more in the begining of King James the second his reign by Governor 
Dungun after Earl of Lymerick which is recordetl in the Plantation 
Office and that the navigation of the river of the Illonois shoukl be free 
to the English into & from the great river & from thence down the river 
unto the sea And because it may be supposed that the French will not 
willingly abandon their settlements on the west side of the river that they 
may be allowed to keep them they not being prejudiciall unto the Eng- 
lish plantations being 200 miles remote from any great river cx>ming out 
of our plantations — Conditionally the French plant no more u[M)n the east 
side of the great river within the bounds above mentioned All which 
will be manifest unto your Lordships from a strict view of the Map I 
had the honour to leave with Your Lordships 



[Council Journal.] 



At a (wuncii held at the Towne in Matecomack Creek on Tuesday the 
10*** of NovemlxT 1719 

Present the Hon**** Charles Rlen Esf Governor 
Thos Pollock ^ 

William Reed l^ r i i t« f^ 

FmlJoues (■ J^-><|' I^J-* prop*" Deputy.s 

liich Sanderson J 

The Hon**'* the (iovernor haveing put the Question whether M' Ed- 
ward Mosc*ley shoukl have Lil)erty to speak of any matters now lying 
before the Council that he was concerneil in as an atturney lx»fore the 
sentanc^e passed u|)<m him by the General Court 

Resolved that he may speak to such matters in Council only and to 
no others in any Court of this Government til the time limited in the 
sentan(»e is Expired 



.^52 (X)LONIAL RECXJRDS. 



The Petition of Thoraas Swan was read praying that Richard San- 
derson a member of this Board might be cited to appear the next Coun- 
cil and produce to the Boaixi all Will that he may have by him made by 
the s** Sandersons late Father Ri(Jiard Sanderson Esr^' that the Petitioner 
might have Letters thereon in behalfe of his wife Decked who was wid- 
dowe to the afors** Richard Sanderson Deoed. which appearing to this 
Board to be only Troublesome and vexatious 

Ordered that the same be rejet^te<l 

Read the Petition of Thomas West Shewing that William Redit ol)- 
taincd a })attent about four yosii's since for a Tract of Land lying on Mor- 
atuck which is not seated and planted as the Lawe rtHjuires praying a 
Trapse patent might be gmnted him for the same 

Ordered that the same be granted as prayed for 

Read the Petition of Joseph Sanders praying that a Lapse Patent 
might be granted him for three hundred acres of I^and formerly granted 
to Henry Gibson and by him Elapsed for not Seateing and planting the 
same 

Ordered that the same be granted as, prayd for 

The Petition of Henry I^isle was read Shewing that he ])urchased a 
Tract of I^and of Richard Lewis conUiining Two humlred and Sejiventy 
acres which Land l)eing Lapsable for want of Sejiting and planting the 
petitioner prays a Ijiipse patent for the same Ix* granted him 

Ordered that the same Iw gnuited as prayM 

Read the petition of Ann Willson Shewing that her late husband pur- 
chased of John Early a Tract of Land (H>ntaining five hundred Acres 
lying in Chinka|)in Neck which I^and Ix'ing Lapsable for want of due 
sejiting and planting the petition |)i*ays a I^apst* patent for the siune. 

Whereupon this Board made* an encjuirv whether tin* s** Willson Deed 
left no Chihireu and Ixnng SatisfitMl that there was InUh Sons and Daugh- 
ters 

Orderi**! that the same Ik* granted to Willsons Heirs 

The Petition of John Heringtons l)eing r(*ad praying that a la|)se patent 
might lx» grantiMi to liim for Two huudre<l and thirty Acres of I^and 
lying on tlie south shore oi* Chowan formerly Grante<I to Itichard Swin- 
son and by him Elapswl for want of due Suiting ami planting the same 

Ordered that the sanie Ik? granted as praviil 

Read the Petition of John Nixon Shewing that his Father Lackey 
Nixon formerly obtained a patent for one hundred and Ten Acres of land 
lying in Pascpiotanke is not seateil and planted as the Lawe directs pray- 
ing that a I^apse patent may be grante<l to him for the same 

Ordered that the same be granted as prayed 



COLONIAL RECORDS. 353 



Read the Petition of Samuel Charles Granted 

Read the Petition of William Haughton and tlie Petition of Patience 
Spiller and Constanie Williamson both refered to the next Council 

Read the })etition of Samuel Phelps and Joseph Oats and the Secre- 
tary informeing this Board that there never had been a patent for the 
Land in Controversy Issued in Bogues name and it appearing that Sam- 
uel Phelps had purchased the same 

Its therefore ordered that a patent Issue for the s** Land in the name 
of Samuel Phelps 

Read the Petition of Jane Sparnon praying that Letters of Adminis- 
tration might be granted her on the Estate of her husband Josph Spar- 
non Deced with the Will Annexed no Exec^utor being appointed thereto 

Ordered that the same be granteil as prayed for 

Read the Petition of Thomas Hen man praying that a lapse patent 
might be granted t^) him for three hundred Acres of Land lying in 
Chowan precinct formerly Gnmted to Thomas Bray and by him Elapsed 
for want of due seating and planting 

Ordered that a patent Isseu a*s pray'd for 

The Petition of William Mitchell was read praying that a Ltipse patent 
might he granted to him for four hundred and forty acres of Land lying 
at Welishes Creek formerly Ix^longing to M' Edward Mosely but this 
Boani being informed by the Secretary that the s** Land was already 
I'ranted to William Frvlev 

Ordered that the same be rejwted 

John Hobbs's l^etitiou was read seting forth that M' John Norris 
Deputys Survey' formerly surveyed a Tract of Land for one Bumham 
Conteyning four hundred Acres and that about 4 years afterwards the 
petitioner by the advice of the s** Norris bought the survey of the s** 
Burnham and intrusted the whole matter to him y* s** Surveyor who drew 
a deed of sale for the same which he hath reaily to produw and the s* 
Norris being likewise Implied to get a patent for your petitioner on the 
s** Deed did after some time procure one for the petitioner but the Courses 
in the patent and the returne of the survey being detferent fn)m the 
courses in tlie Deed afore mentioned the Petitioner by the neglect afors** 
is a very great Sufferer haveing nothing but swamp and not near the 
Quantity of that which the patent mentions as the Courses in that are set 
down so that unless releaved by this Board by the foul practices of the 
s** Norris the Petitioners are likely to lose his I^and therefore humbly 
prays your Honours would order the s** Norris to atteu<l and give an 
aocompt how he came to make a returne of Land where there was none 

45 



364 COLONIAL RECORDS. 



and that he may produce his book of surveys that the Petitioner may dis- 
cover whether that be agreeable to the returne in the Secretarys Office 

Ordered that the s** John Norris attend the Boards next Sitting and 
bring with him his Feild Book of surveys 

Robert Hicks Petition ^as read praying that a Lapse pattent might be 
granted to him for Two Tracts of Land lying at a Hostky formerly 
Granted to William Folke and by him Elapsed for want of Seating and 
planting according to the Tener of the s* patents 

Ordered that patents Issue as pray'd for 

Read the Petition of Robert Hicks praying that a Lapse patent might 
\ye granted to him for five hundred Acres of Land granted by patent to 
Tredle Keef lying in Chowan Precinct and by Keef Elapsed for liot 
Seating and planting according to the Tener of the patent 

Ordered that the same be granted as pray'** for 

Read the Petition of Robert Hicks seting forth that six hundred and 
forty Acres of Land lying in Chowan precinct hath been formerly 
granted by patent to Jamc»s Turner which is not Seated and planted as 
the Lawe requires praying that a lapse patent may be granted to the 
Petitioner for the same 

Ordered that a patent Issue for the same as prayed for 

Moses Eliots Petition was read Shewing that his Father Thomas Eliot 
obtained a patent for one hundred and Sixty acres of I^nd lying in per- 
quimons which is not seated and planted as the Lawe directs and there- 
fore prays a Lapse patent may be granted him for the same, 

Ordered that the same be grante<l 

Read the Petition of John I^ovick Esq' praying that a Lapse patent 
may be granted him for a Tract of Land coiitaining three hundred and 
eighty-five Acres formerly granted by patent to M' Henry Clayton and 
by him Elapse for want of one seating and planting 

Ordered that the same be granted 

The Petition of Richard Bathelor was prefered Shewing that William 
Daws formerly took up eighty five acres of Land lying at Scupernung 
which is not Seated and planted as the Lawe requires praying that a 
Lapse patent may be granted to him for the same 

Ordered that a patent Issue as prayed 

James Betts's Petition was read praying that one hundred Acres of 
Land that formerly was granted to Robert Walace of Pas<iuotauke and 
not Seated and planted as the I^awe requires might be granted to the 
petitioner 

Ordered that the same be grant<*d 



COLONIAL RECORDS. 355 



Read the Petition of John Bell Shewing that Joseph Sparnon took up 
& Patented a Tract of Land lying in Pasquotanke Containing 

acres which is not Seated and planted as the Lawe requires the 
petitioner therefore prays a Lapse patent may be granted to him for the 

Same 

* 

Ordered that a pattent Issue as prayed for 

John Kings Petition was read praying that a Lapse Patent may be 
granted to him for Ninety nine acres of Ijand lying at Bennet Creek 
being Elapsed by John Walters to whome a patent was granted for want 
of due Seating and planting 

Ordered that the same be granted 

Read the Petition of Thomas Roberts shewing that John Pettiver 
patented a Tract of Land lying in Chowan Precinct Containing al>out 
six hundred acres Joining on Timothy Taylors which is not seated and 
Planted as the Lawe requires praying that a Lapse patent may l)e granted 
to him for the same 

Ordered that a patent Issue as prayd for 

Read the Petition of William Fryley Junr shewing that alx)ut four 
years agoe his Father William Fryley Obtained a {mtent for three hun- 
dred acr(^ of Land (^llwl Roses whicJi is not seated and Planted a<x^rd- 
ing to the Tener of the s** patent the i)etitioner then^foiv prays a I-iapse 
patent may be granted to him for the same 

Ordered that the same Ixi granted 

Jonathan Sherwoods petition was read Shewing that in the year 1716 
James Sitterson obtained patent for sixty one Acres of Land which is 
not s(»ated and plantcnl as the Law requires praying that a I^apsc* patent 
may Ix? granted him for the same 

Ordered that the same be granted 

Read the Petition of Tredle Keef shewing that Andrew Salsbury in 
the year 1716 Obtained a patent for ninety Acres of Ijand lying on 
Winacone Creek which is not seated and plantcHl jis the I^aw requires 
praying that a lapse pattent may Ix? granted to him for the same 

Onlered that a patent Issue as prayed for 

Read the Petition of Thomas Peirce Seting forth that John Pettiver in 
the year 1712 Obtained a patent for four hundred acres of I^and lying 
at the head of Bentloys Creek which is not seate<l and planted ac(^)rding 
to the Tener of the s** patent praying that a lapse [>atent may l)e granted 
for the Same 

Ordered that the same 1k^ grantal as prayed for 



356 COLONIAL RECORDS. 



David Sherwoods petition was rea(l praying that a lapse patent may 
be granted him for a Tract of I^and lying in Perquimons formerly granted 
to John Pettiver and by him Elapsed for want of seating and planting 

Ordered that the same be granted 

Read the Petition of Francis Smith praying that a lapse patent maj^ 
be granted to him for a Tract of I^and lying at yawpim Called petits 
point formerly granted by patent to John Pettiver and by the s"* Pet- 
tiver Elapsed for want of seating and planting 

Ordered that a patent Issue for the same 

Read the Petition of Thomas and John Boyd Shewing that about five 
years since their Father Co" Thomas Boyd Obtained a patents for three 
hundred acres of Land lying at Crojiton which is not seated and planted 
according to the Tenor of the patent praying that a Lapse patent may 
be granted to them for the same 

Onlered that the same be granted 

Read the Petition of John Porter Shewing that John Swain in the 
year 1716 obtained a patent for three hundred Acres of I^nd which is 
become Lapsed of due seating and planting praying that a Lapse patent 
may be granted to him for the same 

Ordered that a patent Issue for the same 

Thomas I^ovicks Petition was read shewing that William Duckingfield 
E^sq' Obtainal patents for Two Tracts of Land lying on the head of 
Salmon Creek Containing each six hundred and forty Acres Iwtween the 
Ijand of John Duckingfields and John Williams which are both l)ecome 
Lapsable for want of due Seating and planting the petitioner therefore 
prays that a lapse patent may l)e granted to him for the Same 

Ordered that the same be granted 

The Petition of Coll W^illiam Reed was read shewing that Thomas 
Sawyer obtained a patent dated in 1711 for eight hundred and Fifty 
Acres lying in Pasquotanke which is be(x>nic Lapsable for want of due 
seating and planting praying a I^pse [)atent may be granted to him for 
the Same 

Ordered that a patent Issue for the same as prayed 

The Secretary heaveing made a motion to this Boanl defireing their 
opinioii whether such Ijands as were taken up l)efore the arrival of the 
order from the Lords proprietors forbiding thesaleof tlieir Lands in this 
province might not he pattented many jxjrsons haveing settled such Ijands 
and are ready to pay the purcluise money therefor 

This Board unanimously agreed that patents may Issue on them* 
provided there Ik* a C-lause in all Such patents declareing that the 



COLONIAL RECORDS. 357 



^ Land was taken up l)ef()re the arrival of the s"* onler from the Ix)rds 
prop" 

Then this Boanl adjourned til Saturday next 

Saturday Noveml^er the 14*** this Board met again 

Present the Honble the Governor 

Thos Pollock ) 

William Reed V Esq" Ixls DeputN'^? 

Fra Faster j 

Upon motion of Richard Sandei'son Esq' praying for Letters of Adm'" 
on his Deced Fathers Estate and M' Thomas Swan who had entered a 
Caveat in the Secretary Office against adm*" being granted on the Es- 
tate til he was first heard l)eing called to make his objections and not 
appearing to shew why adm^ should not be granted as pray'd for 

Its Ordered that the s** Richard Sanderson have adm*' granted him on 
the Estate of Rich* Sanderson Esq' Deced and the Secretary make out 
the Letters accordingly 

By Order 

J LOVICK Sectv 



[(teneral (.'ourt Records.] 



28 July 1719 
North Carolina ss 

Att a General Court held for the s* Province at the Court House at 
Queen Annes Creek in Chowan Precinct the 28'** July 1719 and (x>n- 
tinued to the 1' of August following 

Present Jn^ Blount & Jn° Hardy Esq" 

The Court lx»ing opened sfitt and adjourned till to-morrow morning 8 
a clock 

July the 29*** 1719, The Court mett according to adjournment Present 
tfredrick Jones Esq' Chief Justice Jn** Blount, Jn** Hardy, Tho' Miller, 
Tho" Harvey & Jn* Worley Esq' Maj' Robert West, Benj : West & Tho* 
Poll(K?k Esq' take and subscribe the severall oaths by law appointed & 
their placxis in the Court. 

Co" Edw** Moseley & Co" Maurice M(X)re ap}>eard & moved this Court 
that tlicir appearance nn'ght l)e recorded to save them and their Bail. 



358 COLONIAL RECORDS. 



And it was accordingly recorded. They also moved that their Recogni- 
zances might for error in the Comittment whereby they stand comitted 
and for Error in the Recognizances for their appearance. The Court 
over ruled the Error, and orderd that the Recognizance be continued till 
the third day of the Court being the day for the Crown business The 
Court adjourned till to-morrow morning 9 a clock 

July the 30*** 1719 The Court mett according to adjournment 

Present as above 

The Grand Jury are Impanelled and sworn 

Co" William Maule fforeman 

W" Charleton Sen' Sam* Phelps, Geo. Winns W" Crawford Jno. 
Cotton, Jam" Brown, John Plowman Dav** Hicks, Sam" Pagett, Tho' 
Garrett Griffeth Jones, Tho' Rouutree, I^az* Thomas, Jam' BiX)n Johna" 
Evans 

W" Braswell being bound by rec^ognizance to appear at this Court 
made his a])peamnce and nothing appearing ag' him Ordered that he be 
dismist 

Joseph Darden l)eing bound by recognizance to appear at this Court 
ap|)eard and the s** Darden not l)eing fully satisfy ed the Court by the 
deposition he produced Ordereii that he be continue<l by the Recognizance 
to appear at the next Court &c 

Joseph Darden and W" Braswell acknowledge tiiemselves to l)e 
Indebted to our Sovereign Lord the King in the sum of two hundred 
pounds current money of Great Brittaiu to l)e levyed on their lands and 
tenem*" goods & Chattells with condition 

That the s** Joseph Darden shall personally appear before the Chief 
Justice and Justices for holding the Generall Court of this Province the 
last Tuesday in Octol)er next then and there to answer and give Evidence 
to such causes matters and things as shall be allegged against and required 
of him and not to depart the s* Court untill he shall be discharged there- 
from then this Recognizance to he Void else to remain in full force and 
vertue. 

Mary Worseley being bound to appear at this C'ourt made her appear- 
ance and acknowledged her offences and is fined by the Court the sum 
of Tenn Pounds for the same which being paid in Court. Onlerd that 
she be dismist. 

Upon the Returne of the Grand Jury tiiey Present the following 
Indictment to the Court. 



COLONIAL RECORDS. * 359 



North Carolina — ss 

To the Hoiiy' ffreclrick Jones Esi|' Chief Justice and to the rest of 
the Justices for holding the General Court for the Province of North 
Carolina 

The Jurors for our Sovereign Lord the King upon their oaths do pre- 
sent that the seven and twentieth day of December 1718 Edwanl Mase- 
ley of Chowan Precinct in the County of Albemarle in the Province afs** 
Esf|' maliciously Intending and imagining Charles Eden Esq' then Gov- 
ernor. Comander in Chief and Admirall of the Province afs** into the 
hatred and evil opinion of all his Maj" good and faithful subjects y* 
Inhabitiuits of this Province to bring and the Good Goverm' diligent and 
just administration of him the s** Charles Rlen as Governor to detract 
asperse and contempt & to move and stir up debates and strifes differ- 
ences sedition Discord and Dissention within this Province to the endan- 
gering the destruction and subversion of the Good Gx)verm* thereof and 
to the ruin and disturbance of the Kings Peac« at Sandy Point in 
Chowan Precunct afs** advisedly and with malicious and seditious 
intent against the s* Charles Eden then Governor. He the s** Edw** Moseley 
did Malitiously openly and contemptuously and Opprebiously in the 
presence of Divers his Maj** good and faithful subjects Inhabitants within 
this Proving speak publish utter and declare these false malitious scan- 
dalous Opprebious & seditious words and speeithei^ following viz' I 
wonder that you (one Jn° Blount Esq' a Justice of Peace then there 
being meaning) should be cx)ncerned in so foolish and frivolous a busi- 
ness but 'tis like their PnKHHxlings (the s** Charles Eden the Governor 
ffrederick Jones Esq' then Chief Justice of this Province & other mag- 
istrates and good and faithfull subjects of our I^rd the King then being 
with the s* Governor removing him the s** Moseley and others who had 
unlawfully taken into their possession the Re(*ords of this province, the 
Journalls of the Coum'ell, the Collonv scjd the SecTctarys office & the 
papers thereto l)elonging and they (the siiid (lovernor (Jhief Justice and 
others meiuiing) will l)e ashamed of it They (s** Governor Chief Justict* 
& others with him again meaning) could easily pnK'ure arme<l men to 
come and disturb quiett & honest men (himself and others who had so 
|)ossessed themselves of the Rec^ord 4& Office &c meiming) but could not 
(tho* such a Numlx^r would have done) raise them to destroy Thack (one 
Edw* Thac^ke formerly a pirate mt^ning) but instt»ad of that he (the s** 
Thacke meaning) was Suttereil to go on in his vilainies my Comittment 
is illt^l (meaning his being then in Custoily by the c»omands of the s* 
Governor) It is like the (H>mands of a German Prince. I (himself again 



360 COIX)NIAL RECORDS. 



lueaiiing) hope to see the (lovernor (the said Charles Eden again mean- 
ing) who has so illegally coniitteil me a Prisoner himself putt in Irons and 
sent home to answer what he has done here, And I (himself again mean- 
ing) will endeavor to blacken his chandler (the Governor again meaning) 
as much as is \n my jK)wer. And then of his farther Malitious and sedi- 
tious intent to .stir up the people & procure the disturbance and ruin of 
the Kings Peace proceede<l appealing to the People & by slanders in these 
other seditious words and speeches. Is not this a hanl case the Liberty 
and projwrty of the subject is taken away by these Illegall proceedings 
and vou are as Ivable to have vours destroy M as ours now are. To the 
great scandal & defamation of him the s^ Charles Eden Governor of this 
Province & the Governni' thei^eof to the moving and incitement of Dis- 
cord and sedition within this Province & Danger of the sulwersion of 
the Laws and Constitution of this Province against the Peace and in 
Contempt of our Ijord the King that now is his Crown and Dignity & 
Contrary to the form of the statutes in such cases made and provided 

DAN" RICHARDSON P Duo Rege 

UiK)n the returne of such Indictm' The Question was asked by the 
s** Moseley's Councill how many of tiie Jury agreed in the Indictment 
the (foreman answeretl all 

Co" EdwanI Moselev iuforme<l this (>)urt that he was very credibly 
informeil that sundry reputable Persons in divers parts of the Country 
to the number of thirty were siunmoned by the Marshall of the severall 
Preciincts to serve a^ Grand Jurymen for the IxkIv of this Government 
that the greatest part of them atten(le<l but by some practices as the s** 
Moseley suggested there was l)ut sixteen returned. He therefore moved 
that this Court would admit him to produce Persons to make proofs of 
the sumons of Sundry Grand Jurymen that were simioned and not returned 
Altho' they were present in Court. Or that the oflficers might l)e called 
and examined on oath concerning the Sumons & Returnes 

The Court were of opinion that M' Moseley nn'ght cjill any evidence to 
prove any ill practice in the Marshall or any of the Offii-ers but he not 
doing that & there not appearing anything in this matter ccmtrary to the 
constant methoil and practice of this Court for sumoning and Inipan- 
nelling Grand Jurysand Jurys, and the officers of this Court l)eing upon 
their oaths in their places. It is the Opinion of the Court that they ought 
not upon this motion & suggestion to l)e sworn now & Examined whether 
they have been guilty of any evil practice in this matter W'^hereupon the 
Court ordereil the Indictm' to l)e read which was acc*ordingly read, and 



COIX)i\IAL liF:CX)Rl)S. M\ 



then the s* E<lw. Mosclev moved that he might have time till the next 
Conrt to answer the s** Indictment and the s** Moseley making oath that 
he had evidences which he believe<l Materiall who were ont of the Gov- 
ernm' Ordered that the Trvall be referred the next Conrt and alno that 
the s** Moseley enter into lx)nd with security to apiK^ar the third day of 
the next Gen" Court &^ 

And it is further Onlerd that the s** Moselev Plead tomorrow. 

Coll" Edw** Mos(»ley & MaJ' Thomas [iUten acknowlwlge themselves 
to l)e indebtitl to our Scivereign I^ord the King in the sum of one thou- 
sand Pounds each curr' money to be levyed on their lands and tenements 
go(xls an<l Chattells with (condition that if tlie s** Edward Moseley do 
|)ersonally appear before our Chief Justice and Justices for holding the 
Generall Court of this Province at the Court House at Queen Ann's 
Creek in Chowan Precinct the last Tuesday in Slxir next on the third day 
of the Court then and there to answer such matters & things as is laid 
to his chai'ge by Indictment & not Depart y* Court untill he shall l)e 
discharged therefrom & that in the meantime he l)e of his good l)ehav- 
iour then this Re(X)gnizance to l)e void else to remain in full force & 
vertue. 

Adjourned till tomorrow morning a chnrk 

July :31 1719 
The Court mett accMjrding to adjourn m' 

Present as liefure upon the return of the Grand Jury they present the 

following Indictment to the Court 

m 

North Carolina sh. 

To the Hon**'* ffredrick Jones <»s<j' Chief Justice and U) the rest of the 
Justices for hohling the Generall C<»urt for the Province of North Cann 
lina 

The Jurors for our Sovereign I^>rd the King u[>on their oaths do pre- 
sent that Maurice M(K)re Es(|' Thos Luten Jun' Ks(j' Joseph Moore 
IjalK)urer & E<Iward Moseley Es<i' all of Chowan PrecM'nct in the(j)nnty 
of An)emarle afs* and Henry Clayton of Pcfjuimons Pre(*inct in the 
County <t Province afs^ Gentleman the sixth and twenti(»th dav of De- 
ceml)er 171S at Sandy Point in Chowan Precinct afs** with forw and 
amies into a certain dwelling house then in the |K>ssi^s'<ion of John I^>v- 
ick Deputy Set^retarv of and for this I^rovincv wherein the Reciirds of 
this ]*rovin(v the Journal Is of the Coun<Mll the Collonv seal were then 
Mn^ the Se^Tctarvs Offiw and the Navall Office for the Districl of 
K^uincmk were then kept did unlawfully enter and the s** house <lid fasten 

46 



302 COIX)NIAL RECORDS. 



& nail up and him the s* John Lovick from the jwssession of the s** 
House, Records, Journal 1 seal and Officers with like force & amies did by the 
si>acc of twenty hours Riotously hold and keep against the Peace of our 
Sovereign Lord the King that now is his crown and Dignity & against 
the force of the Laws in such case made and provided. 

DAN^* RICHARDSON P Duo Re^a 

Not Guilty Edw* Moseley 
M. Moore 

To which Indictm* being read Edward Moseley & Maurice Moore Plead 
not Guilty 

Orclered, that Co" Edward Moseley and Maurice Moore give bond with 
security in the sum of one thousand pounds each for their appearance 
here the third day of the next Court to answer the Indictment found by 
the Grand Jury and that in the mean time they be of their go(xl behaviour. 

Upon which Co" Edward Moseley and Maj' Thomas Luten acknowl- 
edge themselves to Ix) indebted to our Sovereign Lord the King in the 
sum of one thousand pounds each to l>e leveyed upon their lands & Tene- 
ments goods and Chattells with condition. That if the s** Co" Edwanl 
Moseley do j)ersonally appear here the third day of the next court and 
answer the Indictment found by the Grand Jury and not depart the Court 
until! discharged therefrom and that in the mean time he Ik? of his gcnxl 
Ixihaviour then this Recognizance to be void else to remain in full ionv 
and vertue 

Co"*Maurice Moore and Tho" Swann acknowledge themselves to be 
indebted to our Sovereign Lord the King in the sum of one thousand 
Pounds each curr' money to be levyed on their Lands and Tenements 
goods and Chattells with condition. That if the s** Co" Maurice Moore 
doe personally appear here the third day of the next Court and answer 
the Indictm' found by the Grand Jury and not depart the Court untill 
discharged therefrom and that in the mean time he l)e of his good 
behaviour then this Recognizance? to Ix? void else to remain in full force 
and vertue 

Upon the motion of the Attorney General 1 Ordered, that prcK'ess do 
issue to take into custody Tho" Luten Jun' Joseph Moore Lalx>urer and 
Henr\' Clayton untill they eive bond with security in the Penalty of one 
thousand pounds for their api>earance here the third day of the next 
Court to answer the Indictment found against them and Co" Moseley and 
Co" Mcx)re bv the Grand Jury. 

Henry Clayton & Thomas Bitterly acknowledge themselves to l>e 



COLONIAL RECORDS. 363 



indebted to our Sovereign Ix)rd the King in the sum of one thousand 
pounds each to l)e levyed upon their I^ands and Tenements goods and 
Chattel Is with condition 

That if the s"* Henry Clayton do personally appear here the third day 
of the next Court and answer to the Indictment found by the Grand 
Jury against him & others and not depart the Court until discharged 
therefrom, and in the meantime he \ye of his good behaviour then this 
Kecognizan(»e to Ik? void else to remain in full force and vertue 

Thomas I^uten Jun' and Cap'" Henry Bonner acknowlalge themselves 
to Ik? indebted to our Sovereign Lord the King in the siun of one thou- 
sand Pounds each curr"' money to be levyed upon their lands and tene- 
ments gotKls and Chattel Is with ccmdition 

That if the s** Thomas Lnten Jun' do personally appear here the thinl 
dav of the next Court & Answer to the indictment found bv the Grand 
Jury against him & others and not depart the Court untill discharged 
thert^from and in the mean time he \ye of his good behaviour then this 
Recognizance* to be void else to remain in full force and vertue. 

Thomas Boyd being bound to appear at this Court by recognizance 
made his appearance & nothing appearing against him Orderd that he 
Ik? Dismist. 

The Grand Jury presents John Hassell for living in Adultery many 
years they likewise present the s** Hassell for Blasphemous wonis & dis- 
courses at several times 

Charles Wilks for living in open Adultery 

Mary Brinn for keeping Company with Charles Wilks and causing 
his wife to leave him by threatning speeches 

John Wyer for taking away the wife of Thomas Portis & keeping 
Company with her. 

W™ Branch retailing liquor without licence and selling Liquor and 
Victuals contrary to the Law of this Province 

ft' 

And also Jn° White Sen' selling Liquor without a Licence. 
Orderd' that Venires do issue out ag"' John Hassell Charles Wilks 
Mary Brinn John Wver, W™ Branch & John White Sen' to cause them 

. ml f 

to api)ear here the third day of the next Court to answer the presentm" 
of the Grand Jury and that the Attorney Gen" have coi)ys of the Pre- 
sent m** 

The Court having asked the Grand Jury if they had any farther pre- 
sentments to offer and they answering No. Onlei^ed that they 1k» dis- 
charged 

Adjourned till tomorrow morning 8 a (»l(K»k 



n(J4 COLONIAL RECORDS. 



Esq' 



Aug^the 1** The Court mett acjcording to adjournment Present as 
U^forc* Read the orders of the Court and arljoumed to the Court in Course 

North Carolina sh 

Att a Gen" Court held for the s* province at the Court House at Queen 
Ann's Crei»k in Chowan Precinct the 29th Oct4)V/ 1719 <fe Continued to 
the 3"* day of Noveni' following 

Pri^ent flfrwlrick Jones Esq' Chief Justice 

John Blount 
John Hardy 
John Pal in 
John Worlov 
Thos. Poll<K*k Jun' 
Maj Robjert West 

The Grand Jury are inipannelled and sworn 

John Bell tToreman 

Tho- Ashley, Sam" Phelps, John Williams Ja^w^ Davis Tho« Ball, 
Mich" King; Martin Ganlner Jam* Rutland Griffcth Jones, W" Will.s<m 
Lan. Magne Jam Bell Edw** James Edwanl M<K»re John' Evans John 
ffak^nar 

Coll" Exlward Mos(»ley IxMug Ixfund by Recogniziuice to api)ear at 
this Court to answer an Indictment foim<l ag" him by the Grand Jury 
last C^ourt made his ap|x^nnice Maurict* Mo<»re l)eiug lK)und by Recog- 
nizam* to ap{x»ar at this Couit to answer an Indictm' found ag* him by 
the Grand Jury last Court made his appearance Tho" Luten Jun' being 
bound by Rc<Hjgnizance to ap|K»ar at this Court to answer an Indictm* 
ibund ags' him by the Gran<l Jury last Court made his appearance. 
Coll" Edward Moseley being l>ound by Recognizance to apjiear at this 
Court to answer an Indictment fouiid ags* him and others by the Grand 
Jur}' last Court made his api>earan<v. 

Henry Clayton btMiig bound by Recrognizance to appc»ar at this Cl'ourt 
to answer an Indictm* found ag^ him & others by the Grand Jury last 
CVnirt made his apjwarduce 

Which Indi(!tm' l>eiiig nnid Henry Clayton it Tho' Luten Jun' sev- 
erally pleaded not guilty 

Ordertnl that Coll" Edward Mosclcy apjxnu' at this Court tomormw 
morning 10 a chn-k upon his Recogm'zjiuce 

Onlei^nl that Coll" Elw** Mosc»lcy, Mauri(v M<H)rc Thos' Luten Jun' 
cV: Henry Clayton appear at this (.'ourt tomorrow morning Ten a chx^k 
upon their a Is'* si'vcrall Rcc<»gnizan<-<*s 



CX)LONIAL RECORDS. 365 



The Grand Jury presente Tho' Spivy Abra: Spivy Benj: Spivy and 
Jacob Spivy for Hogg stealing by the Information of Nioh® Hunter Rob* 
Chapjiell & Mary Chappell Evidences. 

The Grand Jury presents Abram Spivy for niismarking of Hoggs by 
the information of Nich"* Hunter Rich** Bond Wm Ashley & Jos. Ashley 
witnesses 

The Grand Jury presents Tho* Spivy, Abra™ Spivy Benj" Spivy & 
Jacob Sj>ivy for breaking the Sabbath informd' by the oath of Mary 
Chap])ell 

The Grand Jury presents Jam" Boulton cohabitting with and sediuung 
Mary Jennings the wife of W™ Jennings Sen' from her husband by the 
Information of John Bell 

The Grand Jury presents Henry Pendleton for breaking the Sabbath 
bv the Information of John Bell 

The Grand Jurj' j)resi'nts Em' Ijow for breaking the Sabbath with 
three of his Negros with him by the information of James Bell 

The Grand Jury prt»sents John Relfct Eilw** tfaindoth Overse(»rs of 
the r(iad for not keeping the roads in repair acconling to I-iaw by the 
information of Jo. Cooper. 

The Grand Jury presents Benj" Wc^t for bn»aking the Sabbath by his 
nc^ro" working on the Sabbath by the Information of Jam" Bell. 

Ordered that venires do issue out ag" Tho" Spivy Abra™ Spivy Benj. 
Spivy. Ja(^** Spivy Jam" Boulton Henry Peudleton, Em" Low. John Relf 
Edw** ifaircloth & Benj" West to («iuse them to appear the third day of 
the next General Cbuit to answer the presentm* of the Grand Jur}'. 
And that the Attorney Gen" have Copys of y* Presentm*" 

The Court haveing askVl the Grand Jury if they had any farther Pre- 
sentm** to oifer and they answering No. Onlerd that they l>e discharged. 

Adjourned till to-morrow uioruing ten a cloi^k 

ffridav 8ber SO'** 1719 

• 

The Court mett according to adjournment. Present as before. Rt^ad 
the orders of the Court 

Dan" Richanlson Esq' Attorney Geueral comes to [)resent an liidictm* 
found by the Grand Jury last Court ags' Coll" Edwanl Moseley in these 
words to witt The Jurors for our Sovereign I^ord the Kiug upon their 
oaths do present that the seven ct twentieth day of I)e<'emlxi' 1718 Va]- 
ward Moselev of Chowan Precinct of tlie C^ouutv of Albemarle of the 
I*r()viu(v afs** Escj' Ac as by tlie s** Indictni' here upon record dotli ap[K*ar 
t() which he theu pleaded, which said ph^a l)eiug lost or emlK^zIed cannot 



366 CX)LONIAL RECORDS. 



be had but the Court being aasured the s** Plea is not Guilty saving to 
himself all lawfull advantages & putting himself upon the Country for 
Tryall and which s* plea was Joyn'd by the Attorney General! afs"* to 
which he the s** Moseley was this day called and appeared according to 
Order yesterday and movM the Courts opinion whether he was regularly 
here in Court this day to which the Courts opinion is that he the s* 
Moseley is R^ularly here in Court this day. Whereupon the s** Ed- 
ward Moseley desires the Court to Consider whether the Entry made 
this day of the plea to this Indictni* is the same plea as he delivered in 
writing the last Court acconling to their onler and which was JoynVl & 
subscribeil by the Attorney Gcnerall for the s** Edward Moseley saith It 
contained uiore than a Bare. Not Guilty for it (contained a Protestation 
and saving to himself all advantages of exception to the whole Proceed- 
ings on this Case and desires the s* plea may be referred to which lieing 
imjK)ssible It is the Resolve and opinion of this Court that the prosecu- 
tion of his Maj" suit ought not to fall for want of the plea putt into the 
last Generall Court bv the said Mosclev which hath either been lost or 
Imbezled bv the Clark but as the Court is well satisfved that the Plea 
was Generall Issue Not Guilty saving to the s** M(xseley all lawfull ad- 
vantages they ought to proceed on his tryall. Whereupon it was 
Comanded the Marshall that he cause to wme twelve &^ by whom &• 
who neither &® And there cume (viz) M' Jam" Castellaw Exlwa'* Carter, 
Tho" Blitchendon I^wis Skinner, John Jennet Rol)ert Patterson, George 
Tumage. Mos" Hill Jn*» Bentley, Tho' Elliot Richard Willson Edward 
Wingate who being sworn say. We of the Jury find Edward Moseley 
Guilty of speaking the words contained in the Indictm* according to the 
evidences and if the Law \ye for our Sovereign I^rd the King then we 
find him the s* Edward Moseley Guilty, but if the Law be for the s"* 
Moseley then we find him not Guilty. 

Whereupon the Councell for our s** I^)rd the King moved the Court 
to assign a time w^hen the matter of Law shall l)e argued and this Court 
has appointed time now being Satturday the 31 of this Ins** Ten a clock 

And upon motion of the Attorney Generall Order'd that the said Edward 
Moseley be Continued upon the same Recognizance by which he stood 
bound in the above Suit for Scandalous words <fec till tomorrow being 
satturday the 31 of this Ins* Ten a Clock 

Coll" Edwanl Moseley \yemg call'd to answer the Indictment found 
ags* him & others &c made his appearance according to the order Yester- 
day of this Court Ordered that he be continued upon the same Recogni- 
zance till tomorrow 10 of the Clock hoing the 31'' of this Instant • 



CX^IX)NIAL RECORDS. Ml 



Co" Maurice Moore being calTd upon his Recx)gnizance continued by 
Onler of this Court to this day made his appearance. Ordered that he 
be Continued u[X)n the same Recognizance till tomorrow morning 10 of 
the clock being the 31 "' of this Ins' 

Thomas Luten Jun' being call'd uj>on his Recognizance continued by 
order of this Court to this day made his appearand. Onler'd that he 
be continued up(m the same Recognizance till tomorrow 10 of the clock 
being the 31"* of Instant. 

Henry Clayton Gent. l)eing calleil upon his Recognizance continued by 
order of this Court to this day made his api)earance OrderM that he be 
continued upon the sjmie Recognizance till tomorrow 10 of the clock 
being the 31 ■* of this Instant. 

And then the Court adjourned till Satturday ten a clock. 

Satturday 8l)er 31 1719 

The Court mett according to adjourm' Present as before Read the Or- 
ders of the Court 

Upon M' Edward Moseley's troubling the Court with severall unne<'- 
essary motions. It is resolved by the Court that they will not stuff the 
Reconl with his motions, but that he shall have full Lil)erty to Plead 
eveiything that is pertinent to his Tryall. 

And now here at this day came the Councill for our Sovereign Lord 
the King &c and Edward Moseley Defend' acxx^nling to the time assigned 
by the Court for Argueing the matter of Law in the suit dei)ending [ye- 
tween the PI' & Def afs** and the same Ix^ing fully argued and Debater! 
on both sides, the Court adjourned for half an hour to consider thereon. 

The Court mett according to adjournment. 

And this Court having advised with themselves and well and Duely 
considered the arguements on both sides and the Verdict of the Jury last 
might do find & adjudge the Law is for our Sovereign Lord the King PI' 

The Attorney Gen" moved for Sentence 

* 

And thereupon the Court take time nntill munday morning next ten 
of the clock to consider of the sentence 

And upon motion of the Attorney Gen" Onlerd that the s** Edward 
Moseley be continued upon the same recognizance* by which he stcxKl 
bound in the alx)ve suit for scandalous words &c. till munday morning 
ten of the ckx^k 

Coll" Edward Moseley l)eing calld to answer the Indictm' found ag"' 
him and others &e made his appt»aranct» acxxmling to the order yestenlay 
of this Court. 



^CyH C«IX)NrAL RECX)RDS. 



Orderd' that he lje continued uynm the same recognizance till Mnnday 
morning next ten of the C-lock 

Coll" Maurice Moore being (silld' ui>on his Recoguiiamce continued by 
Onler of this Court to y' day made his apixiaran(^\ 

Ordenl' that he l)e continued u}K)n the same Ile(X)gniziince till Munday 
morning next Ten of the Clock 

Tho" Luten Jun"^ & Flenry Clayton Iwing calld' ui>on their Ke<^ni- 
zimces wmtinued by order of this Court to y" day made their apjKxirances. 

Ordenl that they l)e continued uyHm the same Recx)gnizance till Mun- 
day morm'ng next ten of the Clock. 

Adjournd till Munday morning next ten of the Clock 

Munday Nov^ 2 1-719 

The Court mett ac^'onling to adjournment. Present as before save only 
Rob* West Esq' 

Coll" Edward Moseley l>eii)g («lld' t4) answer the Indictm* found ag*' 
him for scandalous words &c made his apix»arance accx>rding to the onler 
of this Court Satturday last and the Attorney Gen'" moved for Sentence 
upon y* Indictm* upon which he had by the Court and Jury been found 
Guilty 

And it being asked the s** Moseley if he had anything to say in stay of 
the s'* sentence aa<^werd' that he would not trouble the Court any ftirther 
but submitt himself to them upcm which the Court adjournd' for half an 
hour to advise and consider theron, The Court mett ac!cording to 
adjournm', And this Court having well and Duely considered the Indict- 
ment throughout the Eviden(5es produced in the whole Tryall the Ver- 
dict of the Jury found thereon and the Arguements and law both on 
behalf of the King & ujx>n Eflward Mtxseley Esq' Def* have adjudged 
the law to be with the King 

It is therefore amsidered and adjudged by the Court that y* s** Edward 
Moseley pay a fine of one hundred pounds and be incapable of l^earing 
any office or place of Trust in this Government for three years and give 
bond with sufficient security in the sum of two hundred pounds for his 
good behaviour a year and a day and that he Ix? taken into Custody 
untill he [>erform the same. 

Daniel Richardson Escj' comes to present an Indictm' ag' Maurice 
Moore Es<[' Tho' Luten Jun' Es(|' Edward Moseley Es(|'all of Chowan • 
Precinct in All)emarle County & Henry Clayton (irent. of Pecpiimans 
Precinct in the Countv afs** and saith as in and bv the s** Indictment 
remaining upon Record doth ap|>ear became bound by Recognizance to 



COLONlAi. RECOllDiS. 369 



appear tliis Court & being calld acconling to the s** Rec^ognizaiice tliey 
all severally appeard & upon their motions to the Court had leave to 
raise out the wonl (not) which accordingly they did and pleaded Guilty 
to the s** Indictment and throw themselves upon the mei^cy of the Court. 
Whereupon the Court askes time till tomorrow morning to consider 
thereon. And then adjournd till tomorrow morning Ten a clock, Tues- 
day Nov' the 3"* 1719 The Court mett aixx)rding to adjournm* Present a« 
before ffredrick Jones PIscj' Ch : Justice Exccptetl. 

And the Court having considered the Indictm' with regard to the sev- 
erall aggravations of the pei*sons therein mentioned & thes** Pei^sons Plea 
& throwing themselves upon the mercy of the Court. Have ordered 
and gave Judgment that the s** Co" Maurii* Moore pay a fine of five 
pounds and M' Tho" Luten Jnn' pay a fine of twenty shillings and that 
each of them give lM)nd with sufficient se<*urity in the sum of twenty 
pounds for their gcKxl behaviour till the next Generall Court. And that 
Co" Fldwartl Moseley <Si M' Henry Clayton pay a fine of five shillings 
each and that they U» all taken into Custo<lv untill thev have i)erformd 
the same. 

Daniel Richardson Es(j' Attorney Cxen" conu^ to Prosecute an Infor- 
mation of the (irand Jury ag*' John WhiU* and stiith 

The Jurors for our Sovereign fiurd the King presents John White of 
the Indian Town in (Chowan Prmnct for scilling and retiiiling Liquors 
without Lvcenci* contrary to the Laws ol'this Province in y' Ixihalf made 
and provide<l & against the P(^ct» ol' our siid Sovereign Lord the King 
y' now is aiul against his lioyal (^rown Dignity &c. 

DAN" RICHARDSON P Duo Rege. 

And the s** John White by Tho* Brav his Atty comes & ior plea saith 
Not Guilty Whereupon the Attorney (ren" af*^** pi-ays time till the next 
Gew^^ Court to prcHluce y" Kings Evidence. 

Orderd that the same l)e continued till the thin I dav of the next Gen- 
erall Court 

Dan" Richardson Esii"" Attorney (icn" comes to prosecute an Informa- 
tion of the Grand Jury ag" W^™ Branch and saith 

The Jurors for our Soveivign Lml the King j)resents W" Branch of 

Chowan Precinct ffor that he the s** William Bnnich did retail Licpiors 

without Lv(»ence & Sell Li(iuors cV: victuals contrnrv to the Laws of this 
.1 • 

Province in that iK'half made and j)rovided an<l ag*' the Peace of our 
Sovereign Lord the King that now is tV: ag*' his Royall Crown & Dig- 

47 DAN" RICHARDSON P Duo Rege 



370 CX>LOMAL KECX>KDS. 



And the f^ William Brancii by Tho* Henman hi.s Attorney oumes & 
for Plea, naith Not Guilty whereupon the Attorney Generall afk' Joynd 
i)«ne and pravH time till the next Grenerall Court to produce the Kii^ 
evidencxf 

Ordered that the )^ame lie crjntinued till the third dav of the next Gien- 
end! Court 

Daniel Kichard>H)n I*^' Attorney Generall comes to protiecute an 
Information of the Grand Jur}' ag* Charlen Wilkr* and Saith 

The Jurors for our Sovereign Lord the King pre^nt Charles Wilks of 
Pequimann Precinct for living in open adultery ag* the Peace of our ^ 
Sovereign I»rd the King y* now is his Royal Crown & Dignity & con- 
trary U) the Laws in that l^ehalf made & provided &* 

DAX" RICHARDSON P Duo Rege 

And the i^ Charles Wilks by Tho* Henman his Attorney appeard 

Ordered that the same be continued till the l^ day of the next Gen" 
Court by the Consent of both Partys 

Daniel Richanlsoii Esq"^ Attorney Gen" comes to prosecute an informa- 
tion of the Grand Jurj' ag** Mary Brinn & saith 

The Jurors for our Sovereign I»rd the King Presents Mary Brinn 
for keeping company with Charles Wilks of Pequimans Precinct and 
causing his wife to leave him by threatening speeches ag** the Peace of 
our s* Lord the King that now is Royall Crown & Dignity & ag** the 
force of the I jaw in that case provided &" 

DAN" RICHARDSON P Duo R^e 

And the s** Mary Brinn by Tho' Henman her Attorney appeard 

Ordered that the same be cx)ntinued till the S'* day of the next Gen" 
Court by the consent of both Partys. 

John Wyer being calld to answer an Indictm' found ag" him by the 
Grand Jury last court & failing to appear 

Onler'd that he be taken into Custody untill he find security to appear 
at the next Gen" Court to answer the Indict ni' afs** 

John Hassell acknowledges himself indebted to our Sovereign Ix>nl 
the King in the sum of one hundred pounds and Mott Casewell in the 
sum of fifty ])ounds to be levyed upon their Lands & Tenem" Goods & 
Chattells 

with Condition that if the s** John Hasseli shall Personally appear at 
the next (len*" Court & answer the Presentm* of the Grand Jurv for 
Blasphemous words &c and not depart the Court untill discharged there- 



OOIX)NIAL RECORDS. 371 



from and that in the mean time he be of his good behaviour then this 
Recognizance to be void or else the same to remain in full force and 
Vertue 

Thomas Lnten Jun' & Sam" Phelps acknowledges themselves to be 
indebted to our Sovereign Lord the King in the sum of Ten pounds 
each to be levyed upon their I^ands & Tenements goods & Chattells with 
C'ondition 

That if the said Tho' Luten do well behave himself to all his Maj** 
Liege jieople till the next G^n" Court then this Recognizance to he void 
(*lse to remain in full force and Vertue. 

AdjonrncHl to the C^ourt in C-ourse 

F^FRED JONES Ch. Just. 



[From N. (-. Letter Book op S. P. G.] 



MR. URMSTONE TO THE SECRETARY 

North Carolina Dec' 31" 1719 
Sir 

Since my last of July per Via New York thei'c occurs very little 

worth rehearsing, we need to say " bis repetita placent" but I find I may 

repeat Bill Millies the old story over again before I learn whether it 

pleases or not I can only tell you I am more miserable than ever & 

harder put to it to subsist myself and poor family than I use<l to be. I 

did intend since my letters are in vain, to have come over for England next 

spring, & to have made known my circumstances viva v<x« and if I had 

sped no letter than my letters have done, I purposed to have sent for my 

family, and to have taught A B C in a garret and have tried to have got 

one of the many 5'' curacies or readers places in at about I^)ndon & 

doubtwl not but to have luid more comfort and enjoyed myself l^etter 

than ever I did here. It hath pleased God to take to himself my dear wife 

she dial of very grief and discontent not to say want for truly of late 

we have lived very sorrily. It was irksome and uneasy enough to turn 

farmer or planter, but am grown so great a proficient, that if I had 

slaves and barns w'ith nei^essaries that must he had, I could improve my 

plantation raise stock and subsist myself & family very comfortably, but 

to cott as I must now do, will l)e more tedious to me, and create more 

trouble than all the rest. I have only a sorry wret<»h that I came by on 

the Ships ac(x)unt<S: hath but a year and a half to s<»rve, she knows noth- 



n72 COI/)NIAL RECX)RDS. 



iiig of lioiisehold affairs and a notorious whore & thief, and yet prefera- 
able to any that can l)o hired here notwithstanding all her faults. 
She was bred a Trader in Spitlefiehls but followed the Musiek Houses 
most & other vile courses which brought her to Bridewell and from thence 
transported hither. Except I can get a solxjr good woman into the 
house I cannot hold it any longer. I intend to send my two youngest 
children as a present to the iScx'iety hoping they will put them into some 
charity school or hospitall. Whereby they may be educated and provided 
for, when they come to age for I am not able to maintain them. My 
eldest is near twenty capable of helping me, but is bent upon going fof 
England, so that you may guess what a rare housekeeper I am like to 
make 'with this sorry wench and a st»nseless dumb negro fellow. There 
is no boarding here, there is never a family that I know of that I would 
live in if they would hire me. My brother Taylor has had tryals of 
that, & has change<l his habitations a dozen times since he (ame hither 
and wishes himself in South Carolina again. I «ui put no other con- 
struction upon the Society's not taking notice of me but that they will 
force me to lejive their service & now you see I must do it, and yet con- 
sidering I am aged wanting but 3 of 60 years, I am not fond of leaving 
a pretty settlement and a warm country, to come and seek my bread in a 
cold starving country, and tlierefore once more l)eg the Society to put me 
in the way how to get negroes. 3 or 4 at least recommend me to some 
Ixnly at Barbadoes, or the other islands Virginia or New York who will 
take my bills & Ik» just to me, or else will pay what is due to me at any 
of the places afores** I will continue where 1 am, I know nobody I can 
trust all that I have ever dealt with me have cheateil me since my tedious 
and dangerous fit of sickness. I am grown very crazy and not able to 
to travel, so that I have not baptized many this last half year. Seven 
only in my neigh lK)rhood, 5 one in another Parish. The first long jour- 
ney I took sinc« my sickness through weakness and bad roads, I was so 
fatigued that I desired to have my horse sent back & I hired a canoe and 
two negroes to carry me ba(;k i was soundly wet and got a great cold the 
passage cost me £20 so that lK»si<les loss of health I was out of p<x*ket, 
and scarce thanks for my pnins. I have had many such Chapps, Its a 
common notion tliat I am obliged to serve the whole country but I must 
disappoint them for the time to come With mu<*h ado I prevailetl with 
my vestry to uKret the first time in three* yeai's, they pretended to have 
colle(;ted fi)r the two first ycais after the late Act t(K)k place they j>aid 
me in bills £79 for £100 alledging they (?()uld raise no more and for the 
two last years ending this day they hixvo promise<l me £80 more and 



COLONIAL RECORDS. 373 



what they collect more is to pay a reader in the remote parts where I 
cannot attend as they say I ouglit to do every other Sunday which I 
neither can nor would l)e obliged to do for £50 per annum more. I must 
jmy the Collector 2 or 3 [>er cent so "that my income is of little value. 
They have entered a memorandum in their Vestrv lx)ok that these £143 
due to me, on the former ac(x>unt but when or how it will ever be raised 
I know not for no man is liable to pay more than 5' per }>oll every year 
and that you may see, will not raise the yearly allowaiu^e what must 
l)ecome of the arrears? In fine I find they are for keeping up the old 
custom to do what they list with Ministers. They matter not how poor we 
are, or how miserable we live, we shall be the first they cheat or overreach 
in their dealings. Ready enough to complain upon any supposed n^- 
lect and yet at the same time are not for coming to Church above once in a 
month or two and then they neither know nor care what they come 
about, very negligent and ignorant of their duty. I have administered 
the sacrament of the Loixls Supper but twice these 5 years in public and 
as often to sick persons I pray you to let me know the sentiments of the 
Society in relation to this that I may bt^in to dispose of myself and 
family if so be they will not comply with my requests I wish 1 could 
sell my house and land at anything near the value I should not then be 
long in rc»solving what to do. I am Sir Yours &c 

JOHN URMSTONE 



1720. 

[From N. C. Letter Book op S. P. G.] 



M' URMSTONE TO THE Sf:CRETARY 

North Carolina Feb lo. 17^ 
Sir 

1 re<»eived from you a letter dated Xmas IT*** 1716 i)er Via fk)stonon 

the 7'^ ins' wherein you say the Hon**'" S<Kiety at a general meeting Nov' 

IG*** of the same year, resolved that 1 should have their leave to return to 

Englan<l : I wish yours hail come to hand in due time, I ho})e theres some 

mistiike in th(^ date, & that I may l)e entitled to their Iwunty as in their 

standing orders, relating Xa) Missionaries page ofj and 1() I joyfully accept 

their U^ve for its worse with nu* than ever, having lost my poor wife 

who diinl last yi*ar Oct' 18*** without, any previous sickness, not many 



374 COLONIAL RECORDS. 



hours before her death, she decJareil l)efore several of her neighbours 
that her heart was broken, through our ill usage and comfortless way of 
living; She prest me sore for divers years either to quit this wretched 
country or give her leave to go home v'ith her children : I wish I had 
done either it might have plwiscnl (Uh] to have continued her to me many 
years longer. I propose to take my passage in the next ship that I can 
hear of going from Virginia for P]ngland & therefore countermand my 
I'equest to the Society in mine of the I 'It** IXh*' last year per via New- 
York. I shall l>e a gr(*at sufferer by heaving this platxi & yet I would 
rather undergo that than suffer and get nothing. Whert>a8 I hope to end 
my days with some comfort in mv native country, if the Society w-illnot 
Ik? pleased to do something letter for me. P^or I would rather he Vicar 
to the Bear Garden than Bishop of North Carolina These are from Sir, 

Your Most humble St 

JOHN URMSTONE. 



[Council Journal.] 



22 Feb 1720 
At a Council held at the House* of Co" Thomas Poll<Krk Febnian^ 22* 

Pi-esent the Honble Chas Ixlen Escj"^ Governor — C'apt'Gen' & Admiral 

Thomas Pollock ^ 

Frederick Jones V Es(j' Ix^nls pix>p*" I)ep'^" 

Richard Sanderson J 

The Honble the Governor having had information that the Inhabitants 
of South Carolina had revolted from the I^)nls proprietoi-s that they had 
turneil out all their Officers apiK)inted a New governor and taken the 
administration into their owne hands and hearing that Co" Christopher 
(iale was #Iust arrived from thence he ordered M' Liovi(?k the Secretary' to 
Attend him and desire him to wait on the Council to give them an aocompt 
of the procetKlings of that Government who accx)nlingly came and this 
lioard recpiired that he would give them accompts in writeing of what he 
knew of the Revolution in South Can)lina and the causes of it. 

This Boan.1 haveing business of moment with the Surveyor (ieneral 

Itis onlered that he attend the BoanI to morrow Morncing by Eleaven 
of the CliK'k at Co" Poll(H*k hous(* without fail 

Then this l^)aixl adjourmnl til tomorrow at Eleaven of the (-IcK'k in 
the forenoon 

Feb 2*3'* This Board Ix'ing met again ut ttupra 



COIX)NIAL RECORDS. 375 



Co" Gale's Letter was produced writ to the Hoiiblc the Governor give- 
ing a perticular accompt of the Tiirne affairs in South Carolina upon 
which this Boanl ctune to a Resolution that an address should be pre- 
pared by the Secretary against the next sitting of* the Council to assure 
the Jlonls proprietors that this Board utterly detests the proceedings of 
that province and that nothing shall be wanting in their |K)wer to proj)- 
agate their InttTest here and that they are intirely easy and siitisfied under 
their Lordships Government and will all ways iLse their utmost endeavours 
to maintain it. 

Infamation haveing lx»en matle to this lioard by Captain John Grey 
and others that the Council of Verginia have givc^i orders to their Sur- 
veyors to lav out thirtv thousand acres of Land on Moratock river be- 

» > * 

ginning at Bridgers Creek and rumiing up the river which Land l)eing 
long sinoe granted to the Inhabitants of this Goverment and this Board 
haveing duly weighed and Considered of the same and l)eing well siitis- 
fied it is not within the Controverted! bounds but within the undoubted 
limits of this Government and ConsenU^I to by that of Verginia 

Its Ordered that the Surveyor Geneinil or his Sufficient Deputy attend 
those [)ersons from Virginia to observe their motions and in a peacteable 
manner desire them to desist from their undertakings and in case they 
should not upon the surveyors remonstrating to them that they have no 
right or authority to take up or survey Lands iu the bounds aforemen- 
tioned he Is then Commanded to apply himself to CJap' Grey who is to 
assist him with his Com[)any to prevent their nuikeing any survey so 
contrary to the agreement made Ix^tween this Goverment and that of 
Verginia until the l)vunds l)e adjusted and its further ordei'ed that the 
Secretary send onlers to Cap' John Grey to have his Company in ready- 
ness 

By Order 

J LOVICK Sec'^ 



[From Pollock's Lettkr Book.] 



Hon** Sir 

I was something surprised at the receipt of yours, not so much on 
aw^ount of their making a forcible entry, as ui)on their making of it at 
this Juncrture; but it is like vSome of their other proceedings. And I think 
strange that Co" Moseley is concerned in such an action, which he knows 
is so contrary to law, and I think to very little pur[)ose. For one Jus- 
tice of the Peace upon complaint made to him, ought to go to the place 



;J7«; CX>LONIAJ. RECORDS. 



where the forcible entry liath Ih.*!! niiule, and if he see (aiiw niav take 
sufficient |X)W(T of the cx)Uiitrv with him, and remove the font* if he find 
any forcible detainer, and (x>mmit the offenders. And if n|X)n hisj^)iu^ 
to the phice he finds no forc^ible detainer, yet nj>on cx>mplaint Jis afor8ai<l 
he may inquire by a jury of the forcible entry, which Imn^ found ujK>n. 
indictment he may resize the land, and award restitution to the party 
ousted of }K>sses8ion. I belif^ve the best way is to proceed legally in the 
matlier, for if your Honor in turning them out, shouhl make any wrong 
step, they will be ready to make all the advantage they can of it; and 
•may Ikj it is with ex[)ectatiim of some such matter they pnK^Hid so at this 
time. So that I lx»lieve it may be l)est if Cap* I^ovick act in the matter, 
he being tenant and ousted of possession. I have writ to him and 
desired him (to go having witnesses with him) and see to get jxxsseasiou, 
and if they fiircibly ke(»p him out, or turn him out when entered, or 
threaten to maim or do any Ixxlilv hurt to him, it will make also a forci- 
ble detainer: likewise whereof I \\o\w Cap* Jones will take an inquest 
and if the jury find either a forcible entry or detainer, will award resti- 
tution to the party ousti^il of possession. 

As to Col. Cary's debt I have inquinnl in his conwrns what I can. 
One M' Ili(!hardson, who is the Lords Proprietors' auditor or Receiver 
General of their concerns, hath administcre<l, and pn»tends that he owned 
a great deal more t4) the Lords Proprietoi*s than his estate will amount 
to; and he is so slow than he neither brings ('a rv's estate to an appraize- 
ment or takt^ an inventory <»f it neither I doubt can he well make appear 
what he owe<l the I^ords Proprietors. But I U'lieve it was more a great 
deal than what his estate will pay. « 

If you had suenl for it for it here when he had an att4)rnev, the Pro- 
prietors yet making no claim, I l)elieve it might easily have l)een recov- 
ered, in our country bills : but am in great <loul)t now it is lost, for what 
is to l)e fi)und of Carv's estate here is but verv small, and his debt to the 
Ix)rds Proprietors very great. Hows(K»ver, if you send in y<»ur matters 
<*lear, as I writ to you Wore, I will endeavour what 1 can for you; as 
much as if it was mine own conc(*rn, but anj in very little ho[)es of get- 
ting any thing. 

Or I Ixjlieve it might lx» better if you make Col Moseley your Attor- 
nev. For he havini' been Col Carves attornev In'fore is the l)est 
acfpiainted with Cary's concerns of any in the government. 

Sir vours 



(X)LONIAL RECORDS. 377 



[Council Journal.] 



Att a (Council hvM at the Honble the Governers April the 4^** 1720 

Prcj^ent the Ilonble Charles Eden Esci Captain General & Admiral 

Thomas Pollock ^ 

WiHiam Reed ( ,, j^ p ,„ ^ ,y, 

ichard oanderson ( ^ * * 

Frederick Jones J 

Kwid the petition of Edward Mackswine Shewing that Rolwrt Molio- 
nes late ot* this Province Dec*"* by his htst will and Tt«tanient gave his 
liands that he was possessed oif* after his wife's Decease to his sisters and 
their Heirs liveing in the Kingdom of Ireland the Petitioner Ixjing Eld- 
est son to one of the sisters afs** and Haveing Testimonials tliereof ready 
to be produced he prays that a patent may be granted him for what 
I^nds his Unkle dyed possessed of in North Carolina as Heir agreeable 
to the act of Assembly of this province no l^al patents for the s** I^nds 
haveing yet l)een grant^^l thereon 

And this Board haveing penised the will of the s** Maloines and 
Examintni the Testimonials of the {petitioner and finding them to be as 
set forth in the petition 

Onlered that a patent Issue to the s** Mackswine as prayed for pursu- 
ant to the ac^t of Assembly in that l)ehalf made, 

John Arthers Petition was read Seting forth that he purchased a Tract 
of Land of James Wolsea Containing Six hundred and thirty Acres 
lying in (Jhowan at Spring Branch which Lan<l was Lapsable tho 
unknowne to the petitioner when he brought the Same for want of Seat- 
ing and planting therefore prays a f jjipse patent may be grante<l to him 
for the Same 

Onlered that the siime l)e grantinl 

Read the Petition of Abraham Hobbs shewing that Benjaman Robertas 
in the year 1716 Obtainetl a ])atant for one hundred and Sixty six acres 
of IjiukI lying near Lumert^m which is bet!ome r^apsable for want of due 
seating and planting the same praying that a I^apse pattent may l>e 
granted him for the s^ Land 

Ordennl that a pat<»nt Issue out for the stune as praytnl 

Thomits Poll(K*ks E^j" Petition was rinid shewing that Lawi*ence Sar- 

son haveing obtained patents for Thi\»e Tracts of I^and Viz' one Tract 

lying at the hwid of Ducks Crei»k Containing four hundred and Eighty 

eight a(^res and one lying on the h«id of M' Duckingfields land (tontain- 

48 



378 COLONIAL RECORDS. 



iiig one hundred and fifty acres and one lyin^ in the fork of f^as^ia river 
Containing one hunclred and Seaventy five Acres all which Land is l)ecoine 
Ijapseable fi)r want of due Seating and planting the [)etitioner therefore 
|)ray.s I^apse patents may be granted to him for the s** Three Tracts of 
T^nd 

Ordered that the same Ixi granted as prayd for 

Upon Petition of James Bell shewing that Echnund Chancy in the 
year 1714 Obtaine<l a patent for five hundrwl and fifty three acrc^ of 
Land lying in pascpiotanke river at Knobbs Crook which is Ixn^^ome 
Lapseable for want of due seating and planting praying that a I^apsc^ 
may be granted to him for the s** Land 

Ordered that the same be granted as prayed fi)r 

Rq^ the petition of Richard Grey shewing that Elenor Attoway 
obtained a patent for a Tract of Land lying in i)erquimons which is 
l)ecome Ijapsable for want of seating and planting praying that a Lapse 
patent may l)e granted to him for the same 

Ordered that a petition Issue as prayed 

The Petition of Thomas Penrise was read praying that a Lapse patent 
may be granted him for one hundred and sixty acres of I^and lying in 
[Kjrquimons grant<*d by patent in the year 1 704 unto one Francis Prick- 
love and is l)ecome Lapseable for want of due seating and planting 

Ordered that the same bi» granted as prayed for 

Read the petition of John Norris Shewing That W" Jackson y* elder 
in the year 1696 obtaine<l a patent for one hun<lre^l and Sixteen Acres of 
Land lying in pas([Uotanke whi<*h is l)e<r>me Lai)sable for want of due 
seating and planting praying that a lapse patent may Ix) granted to him 
for the same 

Ordered that the ssmie \w granted as praycnl for 

The Petition of Samuel Nortliv Jun"^ was read praying that a Lapse 
patent may \ye granted to him for one hundred and eighty five acres of 
Land lying on Little river formerly grante<l by Patent t^) his Father and 
by him Elapsed for want of due seating and f^lanting 

Ordered that a patent Isue as prayed fi»r 

Read the Petition of Samuel Woodward shewing that William Duck- 
ingfield Esq' obtained a patents for Two Tracts of Lau<l lying in Rock- 

ahock and Chowan River Containing each acres of Ijand neither 

of which have l)een seated and planted as the Law(» directs the ])etitioner 
therefor prays that a Lapse patent may l>e grantcnl him for the Tracts of 
Land afsd 

Ordered that patents Issue to Samuel WcHnlward as prayed 



COLONIAL RECORDS. :n9 



Read the Petition of (Jeorge Durant shewing that lie had lately l(Klge<l 
a warrant with rights with M' James Wineright Depty survey' for a 
small Tract of Land after which y* said Wineright tooke a warrant and 
rights for another person for the s** Land and refused to survey the same 
for the petitioner 

Ordered that Mr James Wineright Deputy surveyor and s** Durant 
attend the next Board and that in the mean time survey' forbear laying 
out the liand in Controversv 

M' Chief Justice Jones haveing made a motion to this Board repre- 
senting that several persons Inhabitants of this Goverment are Injureil 
and put to very great hardships and Diffictdty by reason of Coll Edward 
Moseley Suspension from pleading he haveing undertaken their business 
and haveing their papers in his hands 

Whereupon this Board unanimously agreed that the s'* Moseley might 
have Liberty to plead and Speake to such matters only as he can make 
apj>ear to M' Chief Justice he was actualy retained in before the sentance 
passtnl upon him by the General Court held in October 1719 

U[M)n Petition of James Castlebawe Shewing that he obtained a war- 
rant with rights fnmi the Secretary s Office for six hundred and forty 
Aci'es of Land l)eanng date Octo the 28^ 1719 and L<xlged the same 
with the Surveyor General and had his Certificate therefore notwithstand- 
uvf which the surv^ey' General refuses to make a returne of the survey 
prentendinga prior Entry was with him for the s'* Land by one Jonathan 
Staidey 

Ordennl that the surv(»vor General forthwith make a returne of the s** 
Land for James Citstlelawe as the Lawe directs in such Cases unless he 
<-an produce to this Board a Warrant with rights of a prior date for the 
Land afs** Granted to any other [person 

C-ap' John Hoyter a Chowan Idien haveing produceil to this Board 
an order from the Honble the Governor direct^nl to James Sitterson 
reijuireing him the s** Sitterson to pay to one Willowby an Indian Money 
due fi»r an Indian Slave l)ought at Core Sound which order the s** Sitter- 
son not haveing Complied with 

Its Onlered that the s** James Sitterson attend this IWrd at the next 
Sitting without fail and that Willowby att-end likewise 

Read the Petition of Co" Edwanl Moseley shewing that at the greneal 
Court held in Oct' 1719 Judgment was entered that he should [^y a fine 
of one hundred jM)unds, be incapable of l>earing any office or place of 
Trust in this Goverment for three years and give Bond with sufficient 
ScH'urity in the Sum of Two hundnnl pounds for his gcMnl lH»havi<>ur a 



380 COLONIAL RECORDS. 



year and a day which Judgenieiit was given by oeariion of Certain words 
Spoken at Sandy Point which were nttere<l thro inadvertency heat and 
pasisiou and farr from any such sinister designs as in the Judgement was 
suggested and when in Tnith such wonls ouglit not to have l)een spoken 
or uttered and for which he is praying that his Sentanc* might be remit- 
UhI pnjmiseing for tlie future to l)ehave himself with the greatest Can* 
and repect Imaginable 

Ordered that the Petitiou lyc til the next Sitting of the Council for 
their further Consideration 

Read the Petition of Owen McKdaniel referred to the Next Council 

Complaint being made by John Hoyter Chief man of the C'howan 
Indians that several of the white }>eople are continually intrudeing upon 
tlieir Land and the same hath never been so determinatly l)Ounded and 
asscertained pursuant to the grants made to them by the Government 

Its therefore ordered by this Board that jdl tlie several grants made by 
the Goverment Ik? laid before Fre<lerick Jon(»s Es(jr and that he deter- 
minatly and final v lav out and Asscertaine the Ixiunds for the s** Indians 
without any reguard to survey or grants made to any other claimei>i since 
the first Grants to those Indians 

The Governor haveing laid l)efore this Board several Ix'ttcrs I)e}M)si- 
tions and pajK'rs relateing to M' ElK'ueziir Taylor I)cv(hI concerning his 
Dt»ath and the disposid of his moneys and goods 

Which they haveing duely ConsideixHl of an* of opinion that foul prac- 
tice's have l)eiMi uscxl therein and Doi* therefore desire and order that AP 
(liief Justice* Jones make a very strict enquirey into that matter that the 
Offenders may l)e brought U> sjK*ady Justi(« 

By Order 

J I/)VICK ScH^v 



[From North Carolina Letter Book of S, P. (4.] 



MR. URMSTOiVE TO TIIK SECRETARY.— (Kxtract) 

North Carolina April 20'*' 1720 

Mr. Taylor my fellow lalnrnT after having trie<l many places in 
the (H>untrv and endured much went last autumn to the other countrv 
where he was much wanted hut meeting with no l)etter usage at Bath- 
town the place he first set down in was for shifting as he ha<l done here 
iVom place to phici», tt in his way to Choi* SouihI, the Soutkeriunost set- 



COLONIAL RECX)RDS. 381 



tlmeiit ill the Government went on Shore on Harbour Island whicli is 
not inhabited, al)ont 30 miles from any inhabitants, in the mouth of 
Neuse River. Where after having l)een ten days and nights in an open 
l)oat he perislieii thro' cold last February ; there were some people on the 
island hunting for hogs, that had been placed there, who with those that 
went with him buried him, and then rifled his chests, and divided the 
spoils, and are not to be brought to any account. Some of them have 
been purged by oaths but that is of little force with a North Carolina 
Man (such executors a man must expect that dies here) Nay ! when alive 
and leaves the country, and leaves anything behind him, will fare little 
l)etter, for uj>on my resolving to come home I treated with several about 
my plantation and was like to have been bubbled. It is hoj>ed I shall leave 
it unsold, and then I may ex|XK»t a blessed'account of it, as well as the 
money that is due to me. This precinct owes me £243. H0£ whereof 
was due last new ycmrs day, but as yet not paid me nor do I know when 
will, the n^t has Imhmi due these 5 years but its preten<led it cannot 1h» 
raiscnl without a new power additional to the act of Vestry which 
must Ik) done by the Asssmblv : which was to have met the fii*st wt»ek in 
May next, but I understand it will Ik' proroguinl Ibr nusons of state, I 
supj)os<' to sei» the effwt of the revolution in South Carolina, who have 
revoltwl from the Lonl Proprietors & will own no power but that of the 
King: rather than come away l)efoi'e I have tried the utmost, I am wil- 
ling to stay though I haziird my health, another Summer, but nmie what 
will, I am resolved to (^uit next Spring if GckI spare me life and health 
I shall continue to lalnMir in this fruitless vineyanl till then and I ho|x» 
that my staying longer than I either (-are or am obliged will not be 
deemed a fault. The sol)er thinking part of the |)eople which GckI knows 
are but few are very much dissatisfied, with my thoughts of leaving 
them quite destitute after having brought the country into a little order. 
It will \w a grc»at grief to them say some, not to go to hiring and to 
enjoy the other rites of the Church as to have their children Imptized 
&c. &c., and truly its a melancholy, dejecting thought but till better pro- 
vision U^ made and more rt^ard to our function, there is no remedy, 
they are for trying to bring th(; genemlity of the Inhabitants, to make 
some new overtures, which you may \k\ assun^l, I shall promote for the 
sake of our suctt^ssors, but I do not exi)ect they will be such a*< will de- 
tain me & cause me to alter my intentions, I should l)c glad to have a 
line or two fn»m vou (!ould it come in less time than the last did, there 
are frefjuent opportunities to Boston in New England and the like fnnn 
hcniv hither, Except in the depth of winter — 



/ . 



382 COLONIAL RECORDS. 



The Coll' There Mr Jekylle is my correspoiidant, and will take mre 
of all letters to as well as from Sir your most humble Servant 

JOHN URMSTONE. 



[B. P. R. O. B. T Virginia. Vol. 01— ExTRAcrrs.] 

Virginia 

JOURNAL OF THE COUNCIL. 

At a Council held in the Capitol the 4**^ day of May 1720. 

A I^etter to the Governour from Coll° Eden Governour of North 
('arolina, l)eing read at the Board together with a scurrilous paper Enti- 
tulcd An Account of a Conference with King Blunt Chief of the Tusca- 
rura Indians; And it appearing by the said paper that the same hath 
l)een framed with design to throw unjust Ri^flec^tions on the Government 
of this Dominion. It is ordered that the said Pti|>er and Coll** Eden's 
letter l)e entercHi on the Council lM)oks that the same mav remain as a 
Memorial to l\>sterity of the ingnititude of that Province for the gener- 
ous Assistance* it has on sundrv (X'casions receivwl from this Government. 

The Governour having Commuiii«ited to the ('ouncil a Ix^tter from 
(.•oil** James Moor pretending himself t4) l)c the (iovernor of South Car- 
olina by the choice* of the people. And it not ap]K*aring by the said 
liCtter that the |)eople of South Carolina have actenl by any lawful I 
Authority in the displa(»ing of their former Governor and assuming to 
themselve*s the power of choosing another. It is the opinion of this 
Boiird that no Answer l)e returned to the said Letter. 



[From the Spotswood Letters. Vol. II. p. 8.^0.] 



Mav ve 20'*^ 1 720 
To the Board of Trade: 

Mv L)nls: 



^P ^^ ^P iy* •'J* 



As to what yo'r Ijor(r|)s ai'e plea.'<<Hl to nnjuire in y'r Ix»tter of the 7th 
of Aug^st, relating to the Boundarys of the Colony, and what Encroa<*h- 
ments have l)een made thereon by the SubjcH'ts of any flibreign Prince, 1 
Innnbly take leave to inform Your L>nrj)s that I find hei-e a Charter 
gi-anttnl by King JauKs yc 1st, datt^il ye 23d of May, in the 7th year of 



(/()IX)NIAL RP:C0RD8. :\Ht\ 



his Reign, whorehv there is given to the Company of Adventnrers for yi* 
C.\>K)ny of Virginia, all that Tract of Land from Cajx* Comfort, two 
hnndrecl Miles Xorthwanl along the St»ji CV»ast, and extending from Sea 
to S(*a, West and North West^ w'eh w'll comprehend all that Tract fn)m 
the Bonnds of the Can)lina Charter to some part of Pensilvania, and 
consecjnently inclnde most of the I^akes an<I great part of the head 
Branches of Mississippi. In w'ch Space Westward of Us, I don't know 
that the French have yet any Settlements, nor that any other Enro|)ean 
Nation ever had, neither is it probable that the French, from their new 
Plantation, will l)e able in some Y'rs to reach the Sonthern Bonndarys 
mentioned in the Charter of Virginia. As to any Encroachments from 
the Canada side, since the Grant of Pensilvania extends 5 Degrees 
Westw'd from Delaware River, if the ffrench have now any Settlem't on 
the I^ke Ontario, it is probable the^e wMl fall within ye Limits of ye 
Pensilvania Charter, \v\*h being of a later date than the ffrench Disc»ov- 
erys in Canada, may lulmit of some dispnte ; bnt I am hnmbly of Opin- 
ion that the Charter Granted to the first Inhabitants of Virginia, being 
long before the Fren<*h had any footing in Americ^a, may l)e jnstly insisted 
on to exclude them from any pretension to the Territory comprehended 
in that Grant. The greatest danger of Encmachm'ts is on the side of 
South Carolina ; The ffrench Settlements on Mississippi being expressly 
within the Charter of that Province, and their apparent design being to 
extend themselves towards the Inhabiterl part of that Countr\% se(»ing the 
last Advices I have from thence sav that the ffrench have forfned a Set- 

• 

tlement at ye Habbamahts, w'ch w'll gi'eatly strengthen the people of 
Carolina in their Indian Trade, and may in time prove more dangerous 
to them in case of a Riiptun* w'th the Crown of France. This has so 
alarmed that Province that it is pn*tende<l to l)e the princi|ral ground of 
that Revolution theR\ w*th wVh, T presume, YoV Ijord'ps are by this 
time fully acc|uainted ; and tho' I can't think Subjects an* to be indulgt^d 
in the practice of throwing off* a Ijawfull Authority and setting up a new 
frame of Government for themselves, and for that Reason have declinefl 
answering the Ix*tter Colo James M<K)r ^n\t me notifying me of the Veo- 
pie's Election of him for their (xovernor. Yet if, (as they allege*,) their 
Proprietors are unable or unwilling to protei't them, it w'll deserve the 
attention of his Maj'ty's Ministers to preserve so considerable a Province 
from falling into the hands of a ffbreign Power. 



:]84 CX)LONIAL RECORDS. 



[B. 1'. K. O. Shai-tesbury Paperj*. Bdle. 48. No. 106.1 * 



Ma<laiii, 

The (lay your Ija<lysliip \vt*nt to JJearliwoith I was at Keii.siii^toii to 
wait upon you ; iut^ndinj^ at the sjune time to inform you that we have 
had a Proposall made to u.s with respwt to (Carolina, of so much advaii- 
tJ4r« to the Proprietors that my single share may amount to Thirty 
Thousand Pound. The Terms of Agreement your Lady.sp: will find 
in(*lose<l They are drawn into Form, and alR'ady signed by Lady (iran- 
ville for her son My I^ord (.'artert^t ; l)v M' IWrtie Guardian to the Duke 
of Beaufort; by M' Danton and my self. 1 expeet opposition from 
some of the Ministry An<l sine* it has been rumour'd abroad that the 
Proprietors were ujx)n some project of this sort I have had a message 
from Secretary Craggs to know upon what Terms we would |5krt with 
our Interest in the Province. Before this was thus rumoured abroad, 
They took no notice of us, imagining to dir^tress us, and make us |)art 
with it, for little or Nothing, to them. Then woud all the advantage be 
their own, either by disposing of the Province by Subscription, or^by 
giving it up to the South Sea for t<*n time-s its much as they would allow 
the Proprietors whose Familys niised this Province to England. There^s 
no doubt of our succeeding in case the Court favours us, or but let us 
alone. I have no reason to <piestion your Ladysps interesting yourself 
in this inatt<»r if it were only a (^nK'ern of mine; but I think it must 
needs lx» of more weight with those you apply to in case your Ijadysp. 
can speak of it as a concern of your son and his family ; and to enable 
your I^dysp. to treat it as su<*h, I doe a.ssure you 1 will give any Secur- 
ity that it shall l)e so If we (-an obtain what may l)e worth securing. 1 
l)egg your I^dysp therefore that since we have a prospect of obtaining 
.s(»mething soe considerable you would plejist* to interceed with 1/ Stan- 
ho|)e and others for their favour u|H)n this (Kta-sion to my Nevew and hi.^ 
Family. And I propose to your Lady.'^p. whether it would not l>e proper 
to ac(iuaint Judge Eyre with the thing and d(»sire his assistance in it. 
Your Ijdsp. may observe the advantage likely to Ik? made by the Gentle" 
concerned in the* Rdiama Islands; and who have onlv a I^asc» from u> 
are the Prop" The Carolinas are a foundation for a much greater thing, 
and are of ten timt^s the value: And no man has a just title to anything 
if the Proprietors have not a Tith^ to Carolina. We make no secret of 
our IxMiig in Tnnity for Carolina, but we mention no particulars. 



COLONIAJ. RECORDS. 



aSo 



(xive nie leave now Madame to make your Ijadysp a retjuest for our 
Brother Prnprietor Daiiton. He has a mind U) be concerned a thousand 
lK>und in the next subscription into the South Sea, He desires your 
Ladysp\s recofilendation and gave me the en(JoseiI List of Names. If 
your Ladysp have any aapiaintance with any of the Gentlemen, he 
desires your I^adysp to re(jucst the favour of a thousiind pound in the 
subscription for me. And I willingly lend him my name. If your Ladysp. 
think proper to make the rcHpiest. He hojHJS to have your Ladysps 
Answer soon. 

I lH*gg your Ladysp to present my humble service all good wishes to 
mv Nevew ; and to mv Cozen Fenwick and I am 

Madam vour Ladys** 

»' ft 

sincerely affectionate Brother 

ft' 

and most obe(h'ent Humble Servant 

M. ASHLEY 
London June the 4**" 1720. 



[B. P. R. O. Shaftesbury Papkiw. Bdl. 48. No. 106.] 



Wkdnesday May 2o 1720 

ft' 

(No. L) Agreed to. the unstTveyd 
32. Baronys l)ei ng given up by 
the Proprietors 



(No. 2.) Agreed to on l)oth .sides. 



L The Proprietors to part with their 
Rights, Powers, &c. (except what 
they have already granted) in con- 
sideration of 250,000£ 

2. In case a Cliarter cannot bc» pro- 
cured to abat€ 20,000£ of the 
aforesaid sura. 

3. The Prop" to be allowed a Lib- (No. 3) Agreed to 
erty to sulxscribe into the Jovnt 

.stcK'k a share not exceeding J'** 
part of the whole 

4. If the Province be disposed of All 
together. The Advantiige over 
and alx>ve the purchase money 
paid to the Prop" to be equally 
divided between the Prop" and 
Purchasers. 

If the Pmvince \ye disj>osed of by 
subscription the Prop" to be al- 
lowed J"* part of the advantage. 
The purchasers two Thirds 



(No. 4) Agreed to 



o. 



(No. o) Agreed 



49 



:m] CX)LONIAL RECORDS. 



6. One Month to Ix? allowed for tiik- (No8. <i.& 7 & 8.) Instead of these* 
ing or ivfusing. Articles agiXHMl that three 

7. If the Pnrcha.sei>i awept at the months In? allowed for taking or 
months end, Then to pay down refiising 

in part of Paym* the sum of And that uj)on accepting 10,CXX)£ 
10,000£. I)e i)aid down. 

8. The rest to be paid upon signing And that the rest be paid u|)on 
for which three months to be signing. 

allowed. 

9. The Lord Carteret Palatine and (No. 9.) Agreed 
the rest of the Prop" to be Partys 

in the Go vera"* of the Province, 
and to he eight of the Managers 
of the Company's aiFairs during 
the tenn of three years 



LFkom Pollock's Letter Book.] 

Chowan Julv 15*** 1720 
Sir 

Yours of June 22* is now l)et<m! me: and I believe it will Ije verv 

convenient to have the cows branded as you advise lest there should Ik* 

some controversy alx)Ut them : as for the sale of Lot.s in town ; I had a 

draught of the town of Mr Lawson's drawing, with most of the river 

lots laid out, with the account which of them were taken up and sintre 

you went from here have been at some pains in hx»king for it, but can 

not vet find it. Wherefore have (»nclose<l a power of attorney to sell and 
. I • 

dispose of lots, each of half an acre of land, at 20 shillings per lot ; to 
run the same length back from the river as those already laid out, that 
there may be no encroachment on the streets, and straight with the river 
lines of the other lots; and none to l)e taken up l)etween the lots already 
taken up and the dwelling house where the Doctor dwells, but on the 
other side of the lots taken up: and provided that if any person, having a 
lot, decrease without any heirs, or disposing of it in his life time by will, 
sale, gift or any other ways that then it shall fall come and revert to me, 
my heirs, or assign: and also provided, that if they do not build or erect 
or cause to be builded or erected on each lot of half an acre aforesaid one 
habital)le dwelling house not less than fifteen foot s(|uare, within eighteen 
months of the date of the (Conveyance ; that they shall forfeit their lot, 
and that it may lx» i'rev for m(», my heii-s and assigns to let any other 
person have it. 



COIX)NIAL RECORDS. ;587 



Also I am willing that each person that hath a lot may have suffi- 
cient estovers for building and fire wood upon any part of the land, until 
I lay out one hundred acres for a common, which T int-end to do as soon 
as there is twenty lots settled. 

Also I am very willing to allow one acre of ground to be laid out for 
a church or Chapel, and court house in such convenient place as you an 
the |)eople shall think most convenient, not encroaching upon no street. 

Also I shall be willing that any person, that settles a lot within eigh- 
teen mouths from the date hereof, shall have liberty to clear plant and 
tend three acres of woodland ground for iive years next ensuing with 
this condition, that they shall not clear within a quarter of a mile of the 
dwelling where the Doctor now lives; and each }>erson that clears to 
clear in one place adjoining one upon another, and that each shall leave 
it at the end of five yciirs under good sufficient fence. As for Doctor 
Thonuis ; to the best of my memory Col Brice informed me he was to 
take («re of what orchard was there, and other things, and to leave it 
under good fence, and the house under good repair, and if he had taken 
any care to keep it in repair it (x)uld not have lx>en in the condition you 
writ. Howsoever please to giv(i me an account by your next, of the 
length breadth, and height, of the house, whether one story only or two 
stories high, and what you think will repair it and make it a good house ; 
and I shall expect something of the Doctor towards the reparation, but 
he shall find I shall uot l>e out of reason with him ; otherwise, he must 
exptH^ to l)e subp<jenaid to chancery to answer it, and seeing he is intended 
to rcuiove, I believe it would do well, if you could let it to some honest 
mail. M*" Metcalf hath writ to me thereanent; he is willing to take it 
but 1km ng altogether a stranger to me, I leave it to you. I would let 
them that take it have a third part of the increase of cattle, to be shared 
at the end of the lease, \m\\g five years, and one half of the increase of 
hogs to Ik? shared when fitting to kill once in two years. And if you 
do let it, I would willingly put 10 sows and pigs and a Imar, which if 
there <^me so much into your hands of mine, please^ to purchase; if not 
please to charge a not ou me, and I will satisfy it. And if you mwt 
with any honest mau to let let the town to vou mav take the six ix)und 
that ^V Graves owes in st(K*k for them, either in Cow\s and (^alves, or 
sows and pigs, as also 57 shillings which your father owes me for nine- 
t(H*u quarts of rum vour father had of mine from Henrv Tvfles in the 
war times. 

As for the table an<l cupboards, you may make use of them. I lK»liev(; 
I shall not diffi»r in the pricx\ 



388 COLONIAL RECORDS. 



Also; having, before this, given orders to adain Moore to sell all the 
brock truck ? horses only leaving one of the best ; what is made of them, 
(if you get a tenant for the town) may be laid out in stock of hogs and 
cattle forthe town as aforesaid, as four pound three or four shillings, which 
he is to have of M' Jacob Miller; only reserving to himself for his 
own trouble. Also if you have any correspondence at Core Sound, I 
would entreat the favor of you to re(5eive three pound of widow Stone 
which is due to me for the rent of Crany Island, Capt" Stone haven taken 
it of me last fall at that rent, having allowed me for what time he had it 
l)efore 100 weight of c<x'oa. And if she do not keep it any longer, I 
understand that one Simpson that lives at coor Sound is willing to take 
it. If you understand that he is hon(»st and industrious, please to let it 
to him on the same lay for hogs and cattle as at the town of New Ik»rne: 
and that if he c^n purchase ten (M)ws and calves there at the common 
pri(«, and charge a not uj)on me, I will pay it either in bills or pitch ; 
and if he can contrive any shelter, as soon as I hear that he is s(»ttled I 
will send round nails, and satisfy any car|)enter for buihling him a dwell- 
ing house. 

You did very well not to dishxlge the palatines, and I should not 
dc»sire the plank to l)e taken from them until they remove. 

I TUiderstand that C\)l. Brice had some of the plank. Please enquire 
alxnit [it] 

I have (mly to re(|uest one favor more of you, which is if |)o.ssible you 

can have a conveniency, not to neglect to send roiuul to me the biggest 

I)air of the mill-stones of mine that lay at the town; or; if not them 

the smallest pair, which will very much oblige 

Your — 
Sir 

As for the lots: if the divissions are not known, eac^h person must pay 

for the laying out of his own lot: and the lK»st way is to distinguish the 

lots beginning at those next to the dwelliiiir-house, No 1 ; 2; il; an<l so 

forth, or No a: b: c; et (vt. 

T. P. 



[B. P. K. C). B. T. JofiRNAii*. Vol. 30. p. 352.] 



Whitkhall, Thursday 1'/*' Sept. 1720. 
M' Boon Agent for Carolina and Col. Barnwell attending acquainted 
the Board that upon some advertisements now published by Sir Kobt. 
Montgomery they were apprcluMisivc that sonu» disputes might arise 



COLONIAL RECORDS. 389 



between tlie Officers or forces expected to be sent by His Majesty to that 
Province and such persons as Sir Robert may send to the Golden Islands 
one of which islands lies in the mouth of the river Alatamah which has 
been proposed to be secured whereupon their Lordships signified to those 
gentlemen that the government of Carolina being provisionally assurr'd 
to the Crown no |)ower of government derived from the I^)rds Proprii*- 
tors could at present inti»rfere with his majesty's authority but that in 
this afllair their pro|HM' application would U* to the liords Justictts. 



[Council Journal.] 



William iteeii i:^ r t dg t» t^ 

^ ' iv ^ ''^^l L" propr** Deputvs 

ftrancis ftoster * ' ' ' - 



North C-arolina — ss 

Att a Coun<*il hold in the Towne in Mattcrcomack Ch'cck \\\v 4^** dav 

of Au^mst Anno I)"^ 1720 

Present the Hon*''*' Charles Eden Esq' (governor *et 

Thomas Poll(K*k 
William Heed 

John Lovick J 

Read the |H»tition of Cullen Pollock shewing that he formerly I^p«ie<l 
a Tract of Land Containing 640 acres on the North side of Morat^K'k 
river which was patented in one Richard Pacers name and that Co" Maule 
in his makeing a Resurvey for the Petitioner on the s** I^and for want of 
knowing the line Trees left out of the Tract near thirty acres and Rich** 
Pace from whom it was Lapsed now Entered the same and surveyed it 

And the petitioner Ix^leiveing that since the lapse was granteil him for 
the whole Tract an<l that pi(»cc taken up as afors** left out by M' Maulc\s 
mistake he hojxis it noe ways Iwirrs him of his right therefore humbly 
prays that the Land so left out of the Tract lapse<l by the petitioner by 
Co" Maules mistake may Ihj granted to him 

Ordered that the same be granted ac^trordingly 

A<ljourne<l to Siiturday the H'** of August 

August y*^ 6^** met again present as alM)ve together with Kichard San- 
derson Es(|' 

Rea<l the l^etition of the Inhabitant^ of Craven precinct Setting forth 
Divers inconveniences thev lalM)ur under bv reason of the time of their 
precinct Court sittings it happening so that when any |)erson has busi- 
ness at that Court and the General CcMiit they arc so close one upon the 



390 COLONIAL RECORDS. 



other that It is impossible considering the distance to attend them both 
which very often renders them Ivabic to fines and other Dama&:es thev 
therefore prays that the time of tlje precinct Courts sitting may be altered 
•so as to prevent the hardships 

Which being considered by this Board Onlered that for the future the 
Courts for the precinct of Craven l)e held on the same Tuesdays in the 
procHieding Months>that it formerly was apiK)inted at 

Read the Petition of William Grey shewing that William Browne in 
the year 1712 obtained a patent for 600 Acres of Land lying on Mora- 
tock whi(;h is Lapsed for want of seating and planting as the I^awe 
directing praying a Lapse patent may be granted to him for the same 

Ordered that the same be granted as prayed for 

Read the Petition of Richard Sanderson Esq' shewing that Joseph 
Sanderson in the yea re 1712 Obtained a patent for 68 Acres lying on 
Couratuck which is lapsed for want of sejiting and phmting praying a 
I^apse patent for the same may be grant<3d to him 

Ordered that a Lapse patent doe Issue as prayed for ' 

Upon Petition of Major Robert West shewing that in yeare 1717 
Thomas W^est obtained a patent for 550 Acres of Land lying at the head 
of Salmon Creek which is Lapsed for want of due seating and planting 
praying a Lapse patent may be g?:anted him for y* same 

Ordereil that a Lapse patent Issue as prayed for 

The IVtition of John Plowman was read setting forth that Jacob 
Ilardv some time in July in the year 1717 Obtained a patent for 640 
Acres which is Lapsed for want of seating and planting a<\'ording to the 
Tenor of the s* patent praying a Lapse patent may l)e granted to him for 
the same. 

Granted as prayed for 

Read the Petition of William Haughton Shewing That Francis Beas- 
ley in the year 1717 sold the petitioner a Tract of land lying Yawpin 
and give him a ifrme Deed for the same which is acknowledged and ro- 
istered in Chowan Court and the petitioner has actualy and Bona fide 
j)aid for the same but sometime after the sale there ariseing a dispute 
wether the s** Beasley could Ijawfully sell the same upon which the s** 
Beasly to make the [>etiti()ner asy was at the Expense of getting a Writt 
of Escheat on the same and on tjie 2"* day of April 1719 by a jury there- 
unto I^nvfully Sworne was found to Escheat and that the right wa** in 
him the s** Beesly which inquissition is returnwl into the Secretary Oflfi(^ 
in order that a patent might have Issueil on the same but l)efore that 
would Ix^ obtaintnl the s** Bet\sly dytnl now the |>etitioner haveing su(»h 



COLONIAL UECORDS. 391 



right as i.s .sett forth and the Ex**" U> the s** Beesly and all persons eon- 
(^rneil knowing the same and being desirous that a firnie title t^) the s** 
Land should l>e made him he humbly prays the Eseheat patent may l>e 
ordei'ed to a)mc out in the petitiouers name all persons (x)ncerne<l being 
Consenting thereto 

Ordered that the Secretary make out y* patent in the s** W™ Hough- 
tons Nameii as prayed for he paying the Compossition money thereof 

John Petiver haveing produt^ed to this Board Two depossitions Sworne 
before a Lawfiil Magistrate which say that the Land lapsed from the 
said Petiver by David Sherwo(Kl was in May or June 1719 Cleared 
ffenced and Tendcnl with a suiti(»ient House thereon aiHronling to I^awe 
which this Boanl allowing oif* 

Ordei'eil that the s* SherwocKls Petition Im; rejected and that the s* 
Petiver enjoy his I^and without further Mollestation. 

Upon Petition of Richartl Winkfield setting forth that he purchased 
of one John Brice a survey for 250 Acres of Land lying in Hyde pre- 
cinct on head of Jones Creek which he hath continued the possession of 
for this 1 1 years past and ])aid Taxes and Quit rents for the same 
together with purchase money yet nevertheless the petitioner could never 
obtaine a patent for y* same by reason of a Cavwit' Kxlged in the Secre- 
tarvs office bv Co" Frederick Jones without anv manner of reason for so 
doeing the petitioner therefore prays that the Secretary may notwith- 
standing the s* (^aveat Issue a pattent on the survey afors** in his name 

Whereupon Co" Jones appeared and inform(»d this Board that the 
I^and mentioned by the Petitioner was part of survey that Wonged to 
him which was Conin'veinglv taken out of his survev bv the survevor that 
laid out the same 

And the matter l)eing duely consiflered by this Board Ordered that a 
Resurvev Ix^ made on Co" Fre<l Jon<»s Tract of Land and if there \ye above 
the Quantity mentione<l in his patent of 1990 acres in the s** survey that 
then tiles'* Winkfield have a patent for the overpluss 

A warrant l)eing produce<l to this Boanl by (leorgi* Hurant which had 
l)een laid in Deputy surveyors hands on I^iuid at Deep Creek Issued in 
Governor Harvevs Administrations And the s** Deputy refusing to make 
the survev thereon bv nnison the Warrant was not renue<l an<l in the 
meane time another pcrs<m haveing taken out a new Warrant for the s** 
Ijand M"^ Dunint its by his Petitions desires the Opinion of this B(wird 
whether he hath not the l)est right to the s** Land 

And this Board haveing duely considenn^l the siime an<l it ap|)eareing 
to be thro the n(^ligenc<' of the surveyor tliat the s'* Warrant was not 
renewetl. 



.U»2 COLONIAL REtX)RDS. 



(Jitlertnl that tlic StK-retarv ix>iiew tlie s"* Warrant and timt tho survev' 
(xenural or his Deputy survey the afors** Lan<l for the s** George Diirant 
as haveing lodged the first Warmiit 

The Petition of* ( •(»rnelius Fitzpatrick y" younger was rejul sliewing 
that his Father Cornelius obtained a patent for 100 Aeres lying in Ali- 
giitor C'reek whieh is lapsetl for want of due seating and planting* pray- 
ing a Lapse patent may Ix^ grant^^l for the same 

Ordercil that the same Ix? granted as prayed for 

Thomas Taylor Marrinor ap|>eare<l Ixifore this Hoard u|)on a warrant 
from the Honble the (lovernor for his Assaulting and missuseing a m^vo 
man JK'longi ng to CV>" Fred Jones without any manner of proviK-jition 
which Ixiing fully proved against him by Two substantial Evidences 

Ordered that he remaine in the hands of the Marshal til he give goi>d 
and suftieient security in the sum of one hundred poun<I that he api>ear 
at y* next (ieiicral Court U) Ixj held for this prnvinee to answer the siune 
and not depart without lejive of the Cburt and that he be of his good 
l)ehaviour of the mcane time 

Adjournal to Fryday the 12'** August 

Fryday 1 2*"^ met again present as before 

lJ|H)n Petition of Mary Walloway shewing that James Williamson 
(who maried the VVidowe of Thomas Snoden deed) had sold a servant 
l)ov named William fFawson whieh had l^een l)ound by Chowan Prei'inct 
Court to the s** Thomas Su^nlen into the Government of Verginia 

And the s** Williamson appem-ing and not denying the side of the s** 
Boys Indentures <mly alledging that it was done at y* Instance of the s** 
Marv Wallowav who was mother to the s** Boy 

This Board haveing c*onsidered of the same doe order that the s"* 
Williamson without fail take care to have the said William Jorson before 
the precinct Court of Chowan at the next meeting that such Judgment 
may \ye given thereo by them as is agreeable to La we 

The Petition of Elizel)eth Jones was read Shewing et 

Orderwl that if noe warnuits and right.«< for the s** Land cjui l>e found 
in JSec^retary Offi<'e that they be renewwl and that a patent doe Issue for 
the orphan as prayed for 

J. LOVIC^K .Secretary 



(X)L()NIAri RECORDS. ms 



[B. P. R. O. B. T. South Carolina. Vol. 25. p. 31.] 



REPRESEXTATTOX WITH A DRAUCJHT OF TXSTRUCTIOXS 

FOR A (itOVERXOR OF CAROIJXA, APPOINTED 

BY THE KIXG AXD RELATIXG TO THE 

STATE OF DEFEXC^E OF THAT PRO- 

VIXCE AXD OF XOVA SCOTIA. 

Aiij^ust 'M"^ 1720. 
To th(»ir ExivU' tlu» li<jrdj< Justict's 

May it pleii^sc your Exee"^" 

Having in obedience to your Exwileneies order in Council laid l^efbre 
your Excellencies the 16*** Instant the draught of a Commission for such 
Person a.^ his Majesty shall think Ht to aj)|H)int his Governor of Carolina, 
we now take leiive to lay Ix^fore you the Draught of Instructions for the 
sjiid Governor together with the usual Instructions relating to the Acts 
of Tnwle and Xavigsition. 

And {IS your Excellencies were please<1 to direct us to otter you our 
o|)ini(m concerning the ])ro|)er measures necessjiry to 1k' taken at this 
Juncture for v* Defence and securitv of the said Pnjvince, we have care- 

* ft ' 

fully examincil into the present condition thereof, and altho' we ai*e at 
this time prejMiring a Representation to be laid l)efore your Excellencies 
tx>nct»rning the state of all the British Colonies on the continent of 
Ameritsi to which we shall hereafter subjoin our thoughts concerning the 
Islands likewise, yet as this is a work which must naturally require niucJi 
(K>nsideration, we thought we should not mispend your Excellencies time, 
if we so far anticipated our General Report as to lay hold of this o(xus- 
ion to give you our opinion concerning certain matters I'elating to Caro- 
lina and Xova Scotia the two Fn)ntiers of the British Empire in America 
to the Xorth and to the South, which l)eing lK)th of them at this time in 
the utmost disorder do naturally demand your Excellencies more imme- 
diate care and protection, reserving to ourselves nevertheless an opportu- 
nity of giving your Excell : our thoughts more at large (X)ncerning those 
two Provinces in the General Representation which we shall with all con- 
venient speed have the honour to lay before you. 

In our letter to your Excell: of the IG*** Instant which accompanied 

the Draught of a Commission for his Majesty's Governor of Carolina, 

We observed to your Excellencies that C^arolina was at present divided 

inti> two different Provinces, and that it might in our Opinion be for his 

50 



:V,)\ a)r/)NIAL RECORDS. 



Maj'^" .service to appoint a Lieutenant Governor oi* North Carolina Huly- 
jeet to such onlers as he should from time U) time receive from the Gov- 
ernor of Soutli Carolina as his sujKTior officer, and this we take the lib- 
erty now to repeat as a matter wherein no time should l)e lost ; and your 
Excellencies will be plejLsed to observe, that in the Draught of the 
Instructions herewith sent vour Excell: there is a Referencre to the Com- 
mission and Instructions for the .sai<l liieut : Governor of North Carolina. 
But (considering the great disorder, this province at presc>nt lal)ours 
under, that the People are unsettled, that th(\y have lately shaken off the 
Pn)prietors Government, its incapable of affording them proteilion, that 
the Inhabit^mts are exposed to incursions of the Barbarous Indians, to 
the encroacOiments of their europciin neighl)ours and that the whole Prov- 
UMV was lately in danger of iKMUg massacred by their i>wn slaves, who 
are two numerous in proportion to the white men there; We do conceive 
it Ui be absolutelv uecessarv for the preservation of this Colon v that his 
Majesty should forthwith send four Ixitalions of F(K)t thither at kust, 
together with a considerable numl)er of great guns, and proportionable 
quantity of warlike stores for the several Forts proposed by us to Ix; 
built thei*e, wherein we humbly (xjnceive no time should l)e lost. 

What we have further to propose to your Excell: upon this occasion 
is that two great seals should forthwith Ik? prepaired to be used in the two 
Provinces of South and North Carolina and Commissions for trying of 
Pinites in lK)th the said Provinces. 

All, which is most humbly sul)mitte<l 

WESTMORLAND 
Whitehall J. CHETWYND 

August 30"» 1720. CHA. COOKE 

P. DOCMINIQUE 
MARTIN BLADEN. 



[B. P. R. O. South Carolina B. T. Vol. 1. A. 17.]' 



MEMORIAL FROM M' BOONE AND BARNWELL, L\ 
RELATION TO NORTH CAROLINA 

NovEMBKK 2:V* 1720. 
May it please your rx)rdship.s, 

Having received a letter from your Lordship's seci'etary ilirecting us 

to attend your Lordshi|)s in order to give some Account of the l)ounds 

of North Can)lina and the prodm^ of the same, now to avoid any mis- 



COLONIAL RECX)RDS. 395 



take that may happen in answering such questions as may be put to us, 
we thought it convenient to reduce to writing what we know of that 
prvivince and if upon perusing the same your Lords'" find anything that 
wantw explanation then ^ye shall give the l>est answers we can to your 
IjordsP* satisfact" 

Xorth C'arolina was always part of Virginia untill the year 1667 when 
K. Charles y' 2** granted it in favour of the Proprietors of Carolina and 
a<lde<l it by his charter to that Province. For it was in that jiart that 
S'"^ Walter Italeigh's s(»rvants made their first settlement at a plac(» («11(h1 
Iloanoke. 

The North Boundary that seperat<« it from the west of Virginia is by 
the said Charter settlcHl thus viz* A line beginning at the north end of 
Curratuck Inlett and so west to Wvanoke Creek in or alK)Ut the latitude 
of oG decrees and thirtv minutes north latitude and soe in a due west 
line from thence to the south sea. The south and west lH)unds of North 
(^'arolina seperating it fronrSouth Carolina is the western or main branch 
of a large river falling into the Ocean att Cape Fear, and is Known by 
the name of Cape Fear River, all the lands lying t^) the south and west 
of the said river l)elonging to South Carolina. 

We are to observe to your I^)rdships that the lK)unds l>etween North 
Carolina and V^irginia were never well ascertained, for though there w^ere 
Comm" appointed in the late reign alxuit the year 1710 yet they neither 
could agree al>out the latitude, or alx)ut which was the real I Creek calle<l 
Wyanoke, for those Indians called Wyanoak removing from place to 
place (Ktrasioned sevcntll Creeks to be named after them — and the words 
of the charter that names the latitude in or alx)ut rather puzzled the 
Commissioners then directed them, for North Carolina Com" interpreted 
the words in their favour and so did the Virginians, and it was the opin- 
ion of most jwople that an arbitrary dicision of the disj>ute must l)e 
made by his Maj'^ Coll. Barnwell l)eing about that time in North Canv 
lina was made accjuainted with the whole matter, Iwing desired to he one 
of the Comm" but cleclined the same 

The south Ixunidarys have also admitted of disput4>< for the Pmprietors 
having in scvcrall Com'*"* named only Cape Fearc as the Ixiundarv with- 
out mentioning the river, has given op[)ort unities to wikcd j>ersons trad- 
ing with tiic Indians in those* parts, t4) d( via r(» thcv weix' under this or 
that (rovcrnnuMit as l)est suitcwl with thcMr views, but of late the Govern- 
ment of South Carolina have gmntwl Ijiuids as far ye River of Ca|H» 
F(»ar. The Government of North Carolina v(*rv nearly rcpn^scMitcnl that 



396 OOLOXIAL RECORDS. 



in Virginia, fur they are <livided into two Countys and 7 PrecinciB each 
having petty Conrt*: and Jurisdittioa^ with Appeal:^ to thegenerall Conrt 
alx>ve (tfitain values held by the Gmenior and Couneill (and not ba in 
S)iith Carolina weiv the livt^s and fortune^ of hi.s Majesty V .subjects in 
tliat whole pmvince wen- subject to the arlntran' judgement of a s«ingle 
J'erson without any apiH'ul but to hiuL'^'If.) 

Tho' then* is a great (juantity of g«joil I^auil there and the Country* 
very healthy, yet its situation renders it for ever un(^[iable of being a 
phuv of any eons<Mjuen(v, for then* lies a va.st s<^>un<l of GU mile over 
iK'tween it and v* st*a whicli bn-ak intothesaniethn)' a chain of sand Imnks 
with barrs so shifting and >lia]low tliat >hM>)>> of 5 feet water runs gn-at 
ris4|s, and if it S4 onetimes ha])|MMis that they have 8 or 10 fet»t water the 
next s-torin may alter it so, and |)erha|)s in the ver}- Chanell rise an i:<laiKi 
of san<l as is really dnwifull and surprising Thi> n^nders the place inica- 
pable of a Tnide to gn*at Hrittain auil what is carryeil on is by small 
sI(K>j)s fn»m New Kngland who brings them (*lr>athiug and In>n wear and 
ex|K»rts Pork and Corn of late they nia<le ab' <i<MM> l>arrell> of pitch ami 
tarn' which the New Kngland shM>|is mrry first to New Kngland and 
then to (jlrcjit Brittain. 

The numlHTof inhal)itants wec:nrt |K>sitively tell but their Tithables or 
thosi* paying taxes an» idxMit 16<M), they an* most whites, having not 5(X) 
blacks in the (lovernnicnt, and thos(* in a few jK»oplc> hands, this place is 
the nH'cpta<'Ie of all the vagiilxiuns iV' runaways of the main land of Amer- 
ica for which reason and for their entertaining Pi ratios they an^ justly con- 
temned by their neighlH>ui's, for which n»jis<.>n and that they may be* under 
good (iovernmcn' and Ik» ma<lc useful I to the rest of his Majesty's Collo- 
uys it would Ik» pn>|K»r to joyn the same again to Virginia All which is 
most humbly submittixl to your I^onlship's I Hotter judgment by your I^onl- 
ship's 

Most olxnlient s<»rvant 

JOSKPH B(X)NE. 
JNO. HAUXWELL. 



[CorNCIL JoiRNAL. 1 



Att a council held at the house of the Mon**'' the (lovcrnor l)<H»emb' 
the a** Anno 1720 



COLONIAL RECORDS. 397 



Esc|' L"*" prop*" Deputy 



Present 

The Hon^** Charles Eden Elsq' Governor Cap* (Jeneral and Admiral 

Tho' PoUook ^ 
if red Jones 
Rioh^ Sanderson 
John Ijoviek 

Mat hew Wolf Master of the sl(K)p (ieor^e together with Thomas Piv- 
deaux Master of the sloop Hopewell made their apjK^aranei* who Ihmu^ 
KxamintHl iijxin Oath <le<^lare Viz' Mathew Wolf saith 

That sometime alxMit the 18"" of ()ct4)l)er last he setawav from RluMle 
Islan<l in his sloop the (ieorj^e Bound to North ('arolina and on his way 
meetiiiiT with (jontrarv winds about the 20*** of Novend)er last for the sake 
of a Harl)our he put intx) Virginia where he lay five days and that so*)n 
after this Exam' arrival there he waite<l on the Officers of the (histoms 
at the port of Hampton to desire leave to lye while the winds Otfere<l for 
tlie port he was lx)und t4>e which l)eing granted this Exam' fell into dis- 
course with M' Henry Irvin the Naval Officer and whilst he was talking 
with him one Samuel Butler in a sloop from New Kngland Bound like- 
wise to North ( -arolina in order to pnx'ure a License to Whale («me also 
to the s** M' Irvin for leave to lye in the port til the wind offered and 
this Exam' further saith that he hesu'd the s** Irvin tell the s** Butler that 
the Governor of North Carolina had no jwjwer to grant any Licenses for 
Whaleing but that the (xovernor of Virginia had the sole authority of 
Whaleing as far as CajK* Fear and that all vessels ought to have their 
orders from him (meaning the (iovernor of Virginia) for Whaleing and 
advise the s** Butler to make a journey to the Governor of Virginia at 
Williamsburg to obtain Licence from him for fishing in North Carolina 
savintr withal that if thev ketched anv Fish without the Governor of 
Verginia's orders if he found any of the Oyle or Ikjuc he would seize it 
which so T(;rrified the 8** Butler that he was at a loss for some time what 
to doe in the business and that the s** Butler had discoursed with this 
Examina' alK)ut the same who advised him bv all means to set awav 
for Carolina assuring him that he lx»lieved the Governor there would not 
only grant him a Jiici^nse to whale but would Protect him likewise. 

MATHEW WOLFE 

And Thomas Predeaux haveing hejinl the afors** Kxamination rc^d to 
him saith that he hejirtl the s** Mr L'viu declare the substance of what is 
sworne by the a tors'* Mathew Wolfe? saveing that he un<lerst<HKl M' L'vin 
when speaking of the Governor of North Cai*olina's Authority alx)ut 
whaleing that his words w-ere (that he did not know by what authority 



398 COLONIAL RECORDS. 



the 8* Governor granted Licences and that when he mentioned the seiz- 
ing the Oyle and bone if they whaled without the Governor of Verginia's 
Authority ho understood him the s"* Irvin that he would send and seize it 

THOMA8 PREDEAUX 

Which P^xamiuation haveiu^ Iteon duly Considered by this Board and 
the ill Consequoncos of such threats to the Trade and Wellfare of the 
Government Fts there desire that the (lovcrnor would Transmit the above 
Examination home to the [jords proprietors praying their Ijordj)s to let 
them know their Sentiment of su<»h useage 

By (Jrder 

J. I.OVICK Secretarv 



[Rbcxjrds op Genrral ('orRT.l 



North CUrolina — ss. 

At a Gen" Court of Over & Terminer held for the s** Province at the 
Gen" Court House at (iu(»en Ann's Crwk in (Chowan Precnnct the 31 ■' 
March 1720 & cx>ntinued by adjournm' to the 2^ day of April ffollowing 

Present ffredrick Jones Esq' Chief Justi^-e 

Jn** Blount ] 

Ju** Palin I u« w r 4.- 

T . D I • hs<i" .lusti(»es 

Jam* Beazlev * 

Tho" Poll(K*k Juu' J 

The Grand Jury are Impannelled & SwfUMi 

Tho' Betterlv iforemau 

Tho' Rouutree Heu'^ Clayton Eilw"* Wiugate, Tho* Blitchendon, Jn° 
Jordan, Jam" Williamson, W™ Downing, Jn" Williams, Tho* Jernigan, 
Isaac Hill, Jn" Worsland Lar* Thomas, VaIw^ Howcott, Martin ftrank, 
Sam" Pagett, Tho' CJarn^tt, Tho" Hoskins, Tho" ^fatthews Rob' I^nier 
Tho' Masters 

Upon the Return of tho Grand Jury they present the following In- 
dictm* : 

To the Hon**'* ifrederick Jones Es(|' Ch : Justi(H» and to the rest of the 
Justices for holding the Gen" Court of North Carolina. 

The Juroi's for our Sovereign Lord the King present Magdalen Collar 
al.s Dick (.-oliar als Coliar of the pRHMiu^t of (liowau in the County of 
Albemarle in the provinc»e afs** with malice prej)ensed by force & Arnies 
& against the Pem^e of our Sovereign Lord the King that now is she did 
munler and privately bury and (^)nceal the death of a liastard Child 
which sh(» broujjcht forth and was delivered of. 



(XH^JNIAI. RJXT)RDS. ;]f)0 



For that the s** Madalin Collar als I)i(^ C'ollardals C-olliar on the tour 
& twentieth day of* Nov' 1719 atjiight was privately delivered of a Bas- 
tard child lx)rn alive and the next morning l>eing the five and twentieth 
dav of Nov' afs** did hnrv the s** Child hv force & arra<»s Ac a&:ain8t the 
Venve <&e and against the Rovall Crown & Dignity & against the Laws 
& Statntcs in sneh l^ehalf made & provided <fce 

DAN" RK^HAKDSON P Dno K^ge 

Billa Venx 

THiY BKTTERLY ff'oreman 



To which Indictm' the s** Madalin Colliar Ixiing calld apjKuiretl in 
Custody at the Barr & Pleaded not Guilty <fe for Trvall putt herself 
u|H)n the Country which is referred till tomorrow morning 

Jn° Relf acknowledges himself to beindebte<l to our Sovereign J^)nl the 
King in the sum of thirty pounds to l)e levyed upon his lands & tenem** 
go<Kls & Chattells with condition that if the said Jn** Relf shall ap]>ear 
here the 3** day of the next Gen" Court and answer the Complaint of 
M' Edm** (iale and not depart the Court untill discJiarged therefrom 
then this Recogniztuice to be void else to stand and be in full fon'c 

Adjourned till tomorrow morning ten a clock ftriday April y* 1st 1720 
Mett aax)rding to adjournm' Pres' as before 

Read the Indictm' found by the Grand Jury Yesterday ag" Mag<lalin 
Colliar to which she had pleaded and being Calld appeard in CusUnly 
at the Barr. Then it was comanded the Marshall that he should ttause 
to com Twelve &^ bv whome &" who neither &c And there crame Henry 
Speller Hen''' Bonner Patrick Waule, Tho* Luten Jun' Tho* Paris ffra' 
Branch, Wm Bonnor, Wm Haughton Lewis Skinner, W" Haveth Jn" 
ffalcHmar & Tho* Yat^s who to speak the truth of and ujx>n the premises 
Chosen tryed & sworne say upon their oath That she is Guilty of the 
murder by which she stands Indicted 

Judgem* to he hangd 

Then the Jurors being asked what goods & chattells the s** Magdalin 
Colliar had at the time she comitted the murder answered none that thev 
knew of. 

The court adjourned till tomorrow morning Ten a Clock 

Satturday Ap" y* 2* 1720 

The Court mett awording to adjournm' Pres' as befort* 
The Grand Jury present the following presentm* to the Court 
Jn** Blount Esq' one of the Majestrate for holding the Gen" Court for 
the said Province Informs the Grand .Furv that on or about the first dav 
of ffeb''' last past & severall times after one Jeremiah Vail of the Pn»- 



4fK) CK)LONIAL RECORDS. 



ciiu't of Cliowan in the (.'ouiitv of an)eniarle in the afbres* Province 
Mariner ag^ the Peace of Soven^gn Lord the King that now is did utter 
and speak divers scandalous false & abusive words to & ag^ hira being then 
Majestrate as alxivi^n'd to the grejit srandall & discouragem* of the same 
Province Viz: That he ha<l ))erti<liously t-ohl the C^Hirt (meaning the 
last Gen" Court of which he was then a uieml>er & in which he then satt 
as a Justice & meiul)er thereof a parcel I of Lyes ag*' him the s** Vail & 
that severall of the membei*s (meaning the other Justices then sitting 
with him) would Testify & that the woi'ds l^fores** or words to the same 
effect was vehemently charge<l on him by the s** Vail. 

Thomas Betterlv Informs the Grand Jurv that on the IB''' dav of this 
Ins' March being at the Dwelling House of Rich* Grills lately Deceasd 
Tho' Bray did then & there out of a Malicious & Evil Intention with 
force & amies Clubbs &*' did assault the s** Tho* Betterly & did Ixiat 
bruise & Evil Intreat & <lid then & there threaten to kill the said Bet- 
terley & Villify him by cjdling him a rogue A a rascally Justice of the 
Peacxj thereby reflecting upon the Govermu' the s** I>etterley being then 
a Justi(?e of the Peace for the IVeciuct of Chowan. 

Thomas Rountree Informeth the Grand Jury that u|X)n the lO*** day 
of ffeb'^ Uust past Jam' ffleming did very much approach the s* Tho' 
Rountree of Injustice the s** Tho' Rountree Ixiing then a Justice of the 
Peace for the Precinct of Chowan the s** Jam' ffleming did say that the 
s'* Thomas Rountree would give Judgm' any way y' he the s* Rountree 
had the most mind it should go lett it l>e right or wrong <t did very 
nnich threaten and abusi^ the s** Rountree & did severall times Ride ag"' 
the s** Rountree as he was riding upon the Road to l)eat him the s** 
Rountree out of the Road & would not lett him the said Rountree pass 
quietly about his business. 

Levi Cressv Informs the Grand Jurv that W" Smith Overseer of the 
highways from Grace Cartwrights Creek to the Wid^ Davis's Creek hath 
not mended & made the Roads according to an act of Assembly made 
and provided for the making mending & Repairing of Roads & High- 
ways 

Thomas Swann Informed the Jury that Jn® Relf & Edw** ffaircloth Over- 
seer of the highways from Arrouns Creek to the Indian To^vn over to 
the branch of Currytuck hath not mended & made the Roads a<iconling 
to an Act of Asssembly made & provided for the making mending and 
repairing Roads Bridges or Highways 

The Grand Jury presents Jn"* Hasseli of Chowan Precinct for speak- 
ing prophane & Irreverent words to the Great Scandal I of the Christian 



t«IX)NIAL RECORDS. 401 



Religion and to the dishonour of Almighty God himself (to^witt on 
March the IS*"* 1718 

They also present Jn* Hassell for oohabiting with Sarah Wilkison not- 
withstanding severall Orders of this Court to the Contrary. 

W" Alexander Collector of Currytuck for forgery for Endeavouring 
to prove the Will of Rich* Sanderson Esq' late of Currytuck De6* at 
Currytuck afs* on or about the 29*^ day of July 1719 

David Ambross for retailing Liquors without License at Chowan about 
the 28*** Dec' last 

ffrancis Branch of Chowan Precinct for selling Rum by Retail with- 
out Licence at Chowan on or about the 18^ March last 

W" Charleton Esq' Sen' for being drunk yesterday & for swearing 
four times & cursing 

W" ffryley for being Drunk & swearing 

Henry Lysle for being Drunk & swearing 

Joseph Young for being Drunk & swearing & cursing the Grand 
Jury 

Louis Monlier for swearing four oaths 

Tho* Swann for being Drunk 

Maj' Jn* Plowman for being Drunk & Swearing 

Jn* Urmstone Missionary for being Drunk 

Robert Barnes & Jn** Price of Pequimans Precinct for Conveying 
away Charles Wilks to Evade being presented on a Presentm* ag* him 
for Lewd Living 

Martin Cromen for swearing ten oaths. 

Patrick Eggerton for swearing 2 oaths 

Christopher Butler for swearing one Oath. 

James ffarlow for being Drunk 

The Grand Jury bein askd by the Court if they had any presents 
further to offer answered No. 

Orderd that they be Discharged 

Onlerd that the Attorney Gen" have Copys of the Grand Jurys Pre- 
sentments forthwith. 

Orderd that process do iasue out ag^ the Persons Presented by the 
Grand Jury so as to compell them to appear &c the 3d day of the next 
Gen" Court, and also supena's for the Informers & Evidences to prose- 
cute 

Dan" Richardson Esq' Attorney Gen" wmes to Prosecute an Informa- 
tion of the Grand Jury las* Court ag^ John Hassell and for Insufficiency 
in the Indictm* the same is Quashd 
51 



402 COLONIAL RBCX)RDS. 



Dan" Richardson Esq' Attorney Gen" comes to prosecute an informa- 
tion of the Grand Jury last Court ag^ Cha' Wilks and upon Motion of 
the Def by Tlio* Henman his Attorney the same is Cont* till next Court 

Dan" Richardson Esq' Attorney Gren" comes to prosecute an Informa- 
tion of the Grand Jury ag^ Mary Brinn And upon Motion of the s* 
Mary by Tho* Henman her Attorney the same is cont* till next Court 

Dan" Richardson Esq' Attorney Gen" cromes to prosecute an Informa- 
tion of the Grand Jury ag^ John Wyer and the s"* John being since 
dead the same is Quashd 

Dan" Richardson Esq' Attorney Gen" comes to prosecute an Informa- 
tion of the Grand Jury ag** W" Branch, for Retailing Liquors & selling 
victuals contr